Do I have a case for Department of Labor and a defamation of character law suit?
I work for a school in North Carolina. The principal of my school demanded that I work on a day I was not getting paid for. She knew payroll had already been done and I would not be paid. She never offered any type of compensation. Secondly, she wrote a letter to me and sent a copy to the central office stating I had brought a narcotic into the building. I had brought my daughters VyVance in the building but it is not a narcotic and she know that but she said narcotic to make it sound worse than it really was.
I agree with the other lawyer. There is no defamation claim, but you might get relief from the DOL. If you worked more than 40 hours that week then you should be getting overtime, unless you are on a salary.
Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace. As you now see personally, defamation has serious repercussions, both personally and professionally for the intended victim.
There are two types of defamation: Slander and Libel. Slander is an untrue spoken statement about a person that harms their reputation and standing in their community. A person injured by slander can bring a civil lawsuit against the party that made the false statement.
Where a person is defamed in writing, it is called libel. Libel also includes television broadcasts. In many ways libel is more serious because it is more likely to reach a far greater audience. In New York a libeled person’s damages are presumed because the defamatory statement is preserved for a greater period of time.
It is important to note that the statute of limitations for defamation is different in each state. A statute of limitations is the time that a civil or criminal action must be brought forward. The limitations period begins when a defamatory statement is communicated to someone other than the plaintiff. For instance, in New York, New Jersey, and California the statute of limitations is one year. However, in Washington and Indiana it is two years. Because the time to bring an action defamation is shorter than a negligence action, it is imperative that a person who believes they have been defamed speak with an attorney immediately.
It is likely that you have a potential claim against them, particularly since these false statements have been made public. You should speak with a local attorney immediately. Look on AVVO, that has been a good resource for me personally when I have looked to refer an action.
I assisted my brother in writing several articles on this topic. Two of them are listed below:
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Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.