Can past employers, when giving references to current or possible employers, slander a former employee?
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Can past employers, when giving references to current or possible employers, slander a former employee?
Through a reliable source, I was informed that my past employer received a phone call yesterday and told the party on the other line that I was involved in a affair with my supervisor, and that I was contemplating stealing a large amount of money prior to my resignation. This was never the case. Is this legal?
Asked on March 8, 2011 under Personal Injury, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no action against a former employer for a negative response to a prospective employer's inquiry. The fact is that the law provides what is called a "qualified privilege" for answers to pre-employment inquiries. This guarantees that companies will be free to answer these-type questions fully without fear of a lawsuit. So, for example a statement of opinion or of fact is not illegal. That having been said, a former employee can sue for willful or reckless remarks. That is for things that are false and grossly untrue.
Slander is spoken defamation. Defamation is a false statement knowingly made and communicated to a third-party that results in a financial/personal loss to the subject of the remarks. Assuming that the statements meet the foregoing criteria, you could file a lawsuit against your former employer. The employer would be liable for each incident in which the slander has been repeated to others. In addition to a suit for defamation, you may also be able to include a separate claim for intentional infliction of emotional distress (depending upon state law).
Bottom line, it will all come down to a matter of proof. For example, can you produce actual evidence that these remarks were in fact made? IAt this point you should consult with a personal injury attorney that specializes in the type cases.
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