TORTS CD 1 - Research Paper Example

TORTS CD Termination claims put across by fired employees in many cases entails defamation actions whereby the plaintiff s that the former employer gave false publications to others about the discharge reasons (Klein, Nicholas & Cohen, 2000). In this case, the public school teacher claims that the school assistant principal recommended to the school principal that he terminate her. The recommendation was then conveyed to the school board and thus she was terminated. The teacher also claims that the assistant principal gave a wrong representation of what he had observed in her classroom to her peers.

Should the teacher want to file a defamation claim, she should make sure she has enough proof for the defamation claim to be successful. The settled common law, requires that for a plaintiff to come up with a prima facie of defamation he or she has to show that the statements made against her are false, two she has to show proof of how the statement caused her harm and thirdly, she has to show proof that the statement was given without enough research into whether it was true. If she also thinking of bringing suit, she should be aware that there are potential pitfalls that she could encounter.

For one, she should be aware that courtroom trials are costly and bearing in mind that she does not have a job; it would prove very expensive for her. In addition to this, it is also time consuming as the amount of time needed is time consuming. The lawsuit is also known to challenge the defendant and plaintiffs patience (Mesriani Law Group, 2011).In my opinion, a law suit is not the best approach since for one she might not have enough money to follow up with the suit till the end. Secondly, other that wastage of time which could be extremely frustrating, she should go through the facts of her case thoroughly because she may find that the standing of her case may not be as good as it may look.

ReferencesKlein, J., Nicholas J & Cohen, C. (2000). Defamation claims by fired employees. Retrieved on 6th November 2012 from http://www.weil.com/news/pubdetail.aspx?pub=8737Mesriani Law Group, (2011). Analyzing the disadvantages of filing a lawsuit over a settlement. Retrieved on 6th November 2012 from http://www.hg.org/article.asp?id=22121