I need to know were to find more information on wrongful termination. My x boss is making false accusations about me to my new employer. What can I do?
2007-05-07 08:51:27 · 12 answers · asked by castillo5247 2 in Politics & Government ➔ Law & Ethics
It is legal, but dumb, of your former employer to say anything they want about you. If it is untrue and you can prove that you were damaged by it, you may sue for defamation and seek a restraining order. That is why most former employers say very little.
I challenge anyone who disagrees with this to post a citation to a case where a former employer went to jail for something true that they said to a prospective employer.
2007-05-07 10:31:20 · answer #1 · answered by Scotty 4 · 0⤊ 1⤋
That's called blacklisting, which bosses used to do in the early 1900's in sweatshops. It's against the law to blacklist an employee. It's been illegal for about 100 years now. I believe you now have a legal claim against the company that you worked for or the boss who is giving the bad information, or both. If you can prove it, then take it to court. If I were you, I'd file a legal complaint only against the x boss. If you sue the company, you might lose the lawsuit because they might say that they didn't know the exchanging of information was going on. If you try to sue the company, corporate lawyers are hard to deal with in court. If you lose the lawsuit once, then it's nearly impossible to claim again. My suggestion, sue the x boss and you have a big chance of winning the lawsuit, if you can prove that he is exchanging information. I'm no expert or lawyer. You should get some better legal advice if you are to have a 100 percent chance of winning the lawsuit.
2007-05-07 09:20:00 · answer #2 · answered by Ian C 2 · 1⤊ 2⤋
You could sue for libel, if you can prove it. This is why most employers now a day will not give references except for time of employment and position held. They make it a practice not to give more info than that to even excellent employee for fear of being sued.
2007-05-07 08:58:53 · answer #3 · answered by Anonymous · 2⤊ 0⤋
You need to check the laws in the state where you live. Giving a bad reference is not against the law, but slander is.
2007-05-07 08:57:21 · answer #4 · answered by Starla_C 7 · 1⤊ 1⤋
You can sue. Most employers today are aware of this and even if the fired an employee. They will give no recommendation.
2007-05-07 10:54:41 · answer #5 · answered by Shirley T 7 · 0⤊ 1⤋
It is definitely against the law.. If you can prove this You will have them over a barrel...Have a friend that works in some company to call for you and maybe you can see what type of reference they are giving..
2007-05-07 09:03:13 · answer #6 · answered by Dragon'sFire 6 · 0⤊ 2⤋
You can file a suit for defamation, it doesn't matter which state you are in. If you can prove that the boss made the statements and if you can prove they are not true, you might even win. If you file the suit and you lose, he may file a counter suit and get money from you...
2007-05-07 09:05:59 · answer #7 · answered by James Q 4 · 0⤊ 1⤋
In California it is illegal to give any sort of negative feedback regarding a former employee. You can give praise but otherwise just verify dates of employment.
2007-05-07 08:59:19 · answer #8 · answered by boredperv 6 · 1⤊ 2⤋
Contact a lawyer. What your former boss is doing is defamation of character, or slander. You'll probablly be able to file a lawsuit.
Good luck.
2007-05-07 08:58:44 · answer #9 · answered by Anonymous · 1⤊ 2⤋
Usually they can say whether you were a good employee or not, but I heard that by law that they can't give out specific examples of what made you a bad employee.
2007-05-07 08:57:16 · answer #10 · answered by fmxkrazyone 6 · 2⤊ 3⤋