Bad Referal
I have recently applied for a new job, listing my current job as a reference. When the new job called my place of employment, the manager falsely accused me of stealing from the company and being a bad employee. Since the new employer was such a good friend of mine, I was informed about what was said and was told that my current manager was not allowed to say what was said to my new employer. Am I able to take him to court for what my manager said to the people at the job I was looking at?
1 answer | asked Jul 26, 2003 6:42 PM [EST] | applies to Ohio
Answers (1)
If you can prove that your current employer gave you a false reference, and if you can prove the he had a malicious reason to do so (i.e., to keep you from finding a better job), you may have a valid defamation claim.
The problem that you may have with your claim is damages. Did you get the job with the new employer (where your friend is) despite the bad reference? If so, then you probably have little in the way of damages. Since you go to court to recover the loss suffered as a result of someone else's unlawful behavior, it does not make sense to incur the cost of going to court unless you have lost something first.
If you have suffered a monetary loss as a result of the defamation, give me a call or email me with the specifics of the loss. We can talk further at that time about the costs that you would have to pay to sue your current employer (even if your attorney's fee is a contingency fee) and that will let you decide whether to pursue it.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jul 26, 2003 11:04 PM [EST]
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