What to do if a former employer is slandering me to inquiring employers?

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What to do if a former employer is slandering me to inquiring employers?

I was formerly an independent contractor of a company who I had a terrible experience with. I recently applied for a new job and they called the previous company. The owner not only gave them a negative reference with inaccurate information but also slandered me by telling the hiring company I was “crazy” and worse. I subsequently did not obtain the position. Do I have a case for slander and/or what else?

Asked on December 16, 2011 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should consult with a personal injury attorney--you may have a claim for defamation. Defamation is the public--which means to any  third parties, like a prospective employer--making of untrue factual statements that damage a person's reputation or causes others to not want to work/do business with him or her.

Opinions are not defamation--so calling you "lazy" or "mean" would not be defamation, since those opinions. And true facts are not defamation, no matter how damaging. But if you believe that inaccurate or untrue negative factual statements are made about you, that may be defamation, and you may be able to seek compensation and/or an order preventing the former employer from doing this in the future.


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.

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