What to do if a future employer calls a current/past employer and the current/past employer provides false information?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a future employer calls a current/past employer and the current/past employer provides false information?
I have had an external conflict with my current supervisor outside of work and he has been making my days hell for about 6 months. Every time I get an interview with a new company and they call my current place of employment, I never receive a call back. I’m a good employee, come to work everyday, on time, and work the whole time I’m there. I’ve been late under 5 times since I’ve been there (13 months) and have never called in. What can an past employer say to a possible future employer? If I can prove that my current employer is falsifying my abilities or my work ethic, what can I do?
Asked on December 9, 2011 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is defamation to make false factual statements to a third party (including a prospective employer) which damages a person's reputation and/or causes others to not want to do business or work with him/her. If your employer is defaming you, you may be able to sue the employer for monetary compensation.
Note that an opinion is not defamation: your employer could say "John/Jane Doe is a mediocre employee and I think he/she is lazy, too" and that is not defamation, since those are opinions, not facts. And true facts are not defamation, either, so if you have (for example) been written up for insubordination, the employer could state that. What the employer can't say is a false fact; for example, you can't be accused of excessive absenteeism or tardiness if that is not true.
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.