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Can I sue my prior employer, a school district, for defamation of character after being asked to resign in lieu of termination?

Atlanta, GA |

I was accused of kicking a student, and have always maintained my innocence. The school district investigated and decided to terminate my position. Recently the Professional Standards Commission did their own investigation and found there was "No Probable Cause" for the allegations. Since the PSC ruled in my favor can I sue the school district for defamation of character or to have all records expunged for future employment as an educator?

Attorney Answers 1


Defamation involves more than simply saying something bad or incorrect about you. Was the false statement published? (Meaning, was the school district's allegations shared with any third party or anyone in the public?). How have you suffered as a result? Have you suffered a loss of your position or loss of pay? Some statements, even if defamatory, are privileged, or partially privileged, and may not give rise to liability.

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