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What are my rights and can i sue for defamation of character...
Anonymous2 views3 answers
over a year ago i worked for a company in which i left in good terms and with a 2 weeks notice, i recently found out that according to the companies system i was in fact terminated. i had a little argument with the resource manager on my last day of employement and she claims i used profanity and she felt i was a threat, this is not true, in fact she was the one who used profanity. i have been putting this company down as reference for my recent job search because i was a great worker and the manager even told me that if i ever wanted my job back that he would gladly rehire me and for some reason even with interviews gone well i can not get the job. i feel that this problem may be the reason i can not get a job and wonder what the resource rep may be saying about me. what can i do?
Well, what you can do and what you should do are not necessarily the same thing. What you really want is a job, not a lawsuit.
If you feel that your former company has made false statements that have cast you in a bad light, you may have a valid defamation case. However, in similar cases I have negotiated with the former employer to correct the employment record so that false statements are not made when prospective employers contacted the former employer for references.
It is not defamation if the resource manager is reporting what she believes happened. It may constitute interference with a contractual relationship if the old job is preventing you from getting a new job. I suggest you contact your old manager and have the company agree that the only information it will release is the dates you started and finished working there with no other comment or disparagement. If the company is unwilling to do this, you may need to consult with an attorney to communicate with the old job that any comments may be met with litigation.
There are some professional services that for a very modest amount of money will run a "test" inquiry of your former employer to determine what is being reported about you in response to inquiries from potential employers. Google for names and locations, cost, etc.
