If a former manager says negative things about you in an informal setting to another hiring manager, is that ground for some type of legal action?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a former manager says negative things about you in an informal setting to another hiring manager, is that ground for some type of legal action?
I never received a written warning, a negative performance review, etc. I left after 1 year of employment-working through 1 month notice at her request. I found out from another hiring manager’s assistant that she is bad mouthing me despite the organizations policy that HR handles all types of recommendations/references. She is by the organizations rules not supposed to comment on my performance. What should I do?
Asked on October 23, 2011 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, IF the statements are untrue statements of fact, this may be defamation and you may have a legal cause of action. Note that opinions (e.g. "John/Jane Doe is the worst employee ever.") are not defamation, no matter how negative, nor are true factual statements (e.g. saying that you had a negative performance review, if you in fact had one); only untrue facts could be defamatory.
Second, the law does not enforce the voluntarily adopted polices (e.g. only HR provides recommendations) of employers. If you had an employment contract, separation and release agreement, severance agreement, etc. which said that they could not disparage you or that only HR could give out references/recommendations, you could enforce that agreement; but in the absence of an agreement or contract, you can't enforce the internal policy.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.