Can a past employer tell a current employer that they had suspicions aboutyou even if they have no proof and I left the that job for a different reason?
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Can a past employer tell a current employer that they had suspicions aboutyou even if they have no proof and I left the that job for a different reason?
I recently resigned from a job at a sheriff’s office because I was under an investigation. The Sheriff’s went to talk to the county manager the jail administrator and one of the captains at the jail that I used to work in another state and they mentionedd that I was under suspicion of bringing marijuana into the facility. I was never notified about it when I worked there and was never put under investigation for and anyone that knows me knows that I do not mess with drugs whatsoever. I just wanted to know if they could even mention that even if that is not the reason why I left that job?
Asked on December 8, 2011 under Employment Labor Law, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, a former employer *may* tell prospective or current employers about why an employee left a job, unless there is some sort of non-disclosure, confidentialiity, or non-disparagement clause (such as might be found in a separation agreement) to the contrary.
However, if the former employer makes factual assertions or statements about the employee which are not true and which damage the employee's reputation and/or make others not want to work with that employee, the former employer may have committed defmation and could possibly be sued. (Note: neither true factual statements nor opinions are defamation.)
The facts are critical to a defamation case--e.g. exactly what was said, to whom? If you feel that you may have been defamed, you should meet with a personal injury attorney to disucss the matter in detail. Good luck.
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