A woman where I used to work is giving me a bad reference. I was her boss. She didn't like me because she was passed over for the position for which I was hired. I have third party recordings of the defamation. Should I write the owner of the business, siting possible future legal action and ask him to control the situation? Or should I go back to the lawyer's office and file a lawsuit? I really don't want to get into a legal battle, but I do have basis for a case. I basically just want my good name to stay intact and not be at the mercy of a revengeful shrew. This woman was publically reprimanded on several occassions for poor behavior and has done such things as provide false social security numbers on federal tax papers. She is in HR, but has no say in hiring, firing or reviews. She tells future employers I did my work and showed up consistantly, but then she goes into a litany of how she felt alienated and other non work issues. I was never reprimanded for anything on the job.
2007-09-01 03:57:08 · 4 answers · asked by Really now 4 in Politics & Government ➔ Law & Ethics
Documentation/publication occured through a professional reference service and possible employers also. Transcripts of questions and answers were taken.I qut that job and moved to be closer to family. I live in a small town. I have lost possible positions b/c of her actions. A concerned, possible future employer let me know there was an issue.
2007-09-01 04:31:29 · update #1
I am not looking to cash in on a lawsuit, nor am I obsessing about a past position. I just want a way, with least hassle and uproar, to handle this petty stuff and so I can get on with it! :)
2007-09-01 04:37:34 · update #2
Open4one has the right solution. The tapes can be iffy since to legally record someone you have to have their consent. But a judge might find them admissable. Or they can be used out of court in a sit down before taking legal action to hammer in the point.
So you shouldn't try to go this alone....... you should speak to a lawyer as this can get complicated. Wait...... you spoke to a lawyer already? Well you should know basically what you want and tell the lawyer what to do.
This is precisly why employers only provide length of employment, salary and it you are eligible for rehire or not it opens them up to legal action. And think of this..... will the woman ever stop if you just send a letter?
If you lodge a suit straight up that could be more time consuming and expensive. The sit down would be better with a threat (and a lawyer) stating your concerns and that is the best way to make sure this stops...... its more personal.. Either way they would probably settle and either way she will probably lose her job. And if you know for sure she has filed false tax returns threaten that. And that is your trump card.
It sounds like a lot but the only way is to go to it all of the way. If they fire her and you get a couple of bucks all the better.
2007-09-01 04:58:53 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
I would talk to a lawyer about it. I suspect you have a case if you can prove what you said. Note, having the tape doesn't make it evidence until it is admissible, I don't know whether or not it is.
What I'd be inclined to do is have a confrontation with her boss before filing suit. You, your attorney, her, and her boss. Lay the cards on the table. Tell them that her actions are going to be deemed actions of the company, unless they take steps to distance themselves from her actions. In other words, either she's fired, or they are sued for her defamation. That would probably be a lot more satisfying than a money judgment.
2007-09-01 04:10:28 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
In order to recover in a lawsuit, you have to prove damages; how you were damaged; you would have the burden of proof to demonstrate to the Court the monetary loss to you ; it is not enough to slander someone; you have to show how you were damaged by witnesses; loss of income etc; it isn't easy as you would think and most cases barely recover anything b/c of the difficulty; most prospective employers won't admit what they were told and won't want to get involved in litigation and it may to them enforce the opinion that was received; an employer is not suppose to bad mouth you but they do ; they are just suppose to tell about performance etc; here they can kill with with their opinion; so bottom line it isn't a win win situation; how do you know what she is telling them; what exactly???
2007-09-01 04:12:12 · answer #3 · answered by sml 6 · 0⤊ 0⤋
you have to go to the police oficce, because there are some crimes in your question,
2007-09-01 04:12:51 · answer #4 · answered by ferrari_zz 5 · 0⤊ 2⤋