Legal Question in Employment Law in New York

my wife and college is being sued for religious discrimination. After being investigated by the college and charges dismissed, the ruling was then appealed by this person and was dismissed again. About a week later someone showed up at the office and served my wife with papers in front of everyone. I was wondering if we can coutersue for defamation of character or anything else. We feel that this person is just doing this to get my wife stressed. On top of this my wife is 5 months pregnant.

Also this claim of religious discrimination was filed a couple of days after my wife had to officially write this person up for job performance. She wrote her up because after the dozens of meetings in her office and staying after work to fix her constant mistakes was having no effect. I feel my wife showed great patients with this person but it got to the point where she had to do an official reprimand of some sort because the other avenue she took were not working. My wife had about 10 pages documenting all of her mistakes that occured and she did not reprimand her for before this one.


Asked on 1/22/10, 4:19 pm

1 Answer from Attorneys
Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Truth is a complete defense to defamation and statements made in legal documents are protected by privilege, so the statements about you wife would have to be made outside of any legal or college proceeding and would have to be false and damaging. Your wife's detailed notes may provide you with a starting place to decide if you have enough proof to go forward. Good luck!

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Answered on 1/28/10, 2:35 pm


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