I quit my job a few years ago and recently discovered when potential employers call for my work history my previous boss is saying terrible things about me. I am sure that this is the sole reason for my current unemployment. Are there laws against this in my state (colorado)??? What if anything can I do to stop her from preventing my future employment?
It depends on whether the "terrible things" are factual and whether they are true or not.
If you can show that the statements are false statements of fact, you may have a claim for defamation. However, if the statements were regarding the opinion of the employer, then you have no claim. You cannot show that an opinion of your value as an emplooyee is false.
You have to know what was said to know if you have a claim. For instance, the previous employer might have been asked why you left and whether they would be willing to rehire you. The answer might be, "you quit" and "no". Such answers would hurt your ability to get a new job, but would not be actionable because the answers are clearly true. On the other hand, if the former employer is falsely telling people you are a child molester, you would have a case.
Mr. Harkess is absolutely correct. Unless they are stating lies about you and your work performance that they know are lies and not merely an expression of their opinions, you might be out of luck. They are allowed to give their opinions, even they are if stark conflict with what you believe occurred. As Mr. Harkess says, you might have a claim for defamation of character and libel (written) or slander (verbal), but you have to know exactly what was said and how it is clearly not only erroneous but known to be erroneous by your prior employer. I would suggest sitting down with a good attorney for an initial consult to see if a letter or communication with the employer might informally resolve the problem.
Some other additional comments, from a practical perspective. You state that an employer form a few years ago is saying terrible things, what about the employers, if any, between the one at issue and let's say your last employer? Also, how can you be sure that the comments are the reason you are not getting hired? Do you have any proof of what the former employer is saying?
I only ask these questions as the other two attorneys have pointed out, it is a tough case as you would essentially have to demonstrate that what was said was false and the perspective employers would have hired you but for, the negative untrue comments. Most employers, especially if they didn't hire you, for whatever reason, won't want to devote the time, informally to provide this information.
I counsel my employer clients to only give dates of hire, end work dates, and salary, as that is all that is required by CO law. I further advise them to tell the perspective employer that this is policy and no reflection upon the employee. This is due to the fact that there is case law out there, to the effect that if an employer gave you a glowing review, and you had been embezzling form that employer (I'm not saying you did), the former employer can be held liable for not disclosing the embezzlement, when the employee embezzles from the new employer. So it is best not to give any information than give some. Also, one's opinion, isn't necessarily false, even if you disagree. It is the provision of false defamatory information that is prohibited and proving that you would have been hired, but for the false information you would need to demonstrate to have an actionable case.
You could retain counsel to see about negotiating a joint reference letter, but I suspect this time gap, has some problems of its own.
