Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Substitute teacher took pictures of my child at school for personal reasons. I filed a complaint with the school board. They told her last Thursday she was “blocked” from subbing and she came straight from the school board office to my job, showed them my complaint (which she should not have a copy of), some print outs of my old Facebook pages and tried to tell them I was doing this on company time and wanted them to term me. I got a restraining order but I want to file a civil suit too. What can I file for? Defamation? Harassment? Retention or Retaliation? Invasion of privacy for my child? I need to do something to get her to stop and know that I am not scared of her and I will not be rolled over because she did something wrong. The school board is investigating her coming to my job as well.
First, you should immediately consult an attorney in your area familiar with civil law, as laws and procedures in this area vary from state to state. These suits also tend to be very fact specific; meaning, the smallest details could lead to very different outcomes. An attorney familiar with your particular situation and the law in your area will be best suited to advise you.
That being said, you may have a claim against the sub for an invasion of privacy suit on behalf of your child. You may also have a claim of defamation or slander against the sub for her speaking to your employer. Further, you may also have a claim against the school for giving the sub your personal information, which sounds to be against school policy. Again, whether your situation warrants these claims, or if your state even recognizes these claims, will best be researched with an attorney in your area.
