Legal Question in Civil Litigation in New York

Defamation of Character?

I work in a local community college and have been employed there for 24 years. For well over a year I have been plagued with e-mails with copies sent to my supervisor and President of the college making accusatory statements such as ........burying admissions applications, going to lunch when students are waiting in line, not being able to do my job, not effectively managing my office, purposely not admitting students. I have a file four inches thick from all the e-mails. This person is a bully. I've requested intervention from the college and have filed two complaints. As a result, myself, and my staff are being criticzed daily. I don't know where to turn.

I would appreciate any direction.

thank you


Asked on 2/08/07, 7:03 am

3 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Defamation of Character?

First, who is this person and is she an employee as well. WHat action has the school taken, if any.

You may file a suit and seek that the individual, and perhaps the school, take specific action to halt these emails. There may be a minor chance to seek monetary damages, but this would exist only under certain circumstances. You may however file a suit against the person, as one of the components of defamation is an attack of the persons profession, which this may constitute.

Please feel free to contact my office for further assistance on this matter. You can reach us through our website at www.cgonzalezlawfirm.com or email us at the address provided below or call us directly at 2127098303

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Answered on 2/08/07, 8:27 am
Johm Smith tom's

Re: Defamation of Character?

Your college ombudsman needs to address this matter and put an end to the side issues. An attorney may be able to get action on this for you before you would have to file suit, which is never fun when you're suing your long-time employer.

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Answered on 2/08/07, 10:01 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Defamation of Character?

The general definition of a defamatory statement is that it is a statement of "fact," (ie. can be proven true or false,) about you, that is false and

that the author or speaker knew was false when it was published. If it does not accuse you of a crime or an act of moral turpitude you must be able to show it caused you special damages, (out of pocket loss,) or injury to your trade or profession.

It may not be couched in terms which render it an opinion because there is no such thing as a false opinion; also opinion is generally protected by the First Amendment.

It sounds like these comments fall may qualify; if you wish to pursue this further, you might want to make an appointment with myself or other attorney in this field to actually review the material.

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Answered on 2/08/07, 11:50 am


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