Can I make her responsible for lost employment and wages??
I recently quit a postion as Manager of a Self Storage facility with a 90day notice. I had problems with the owners daughter-in-law which she left in charge with her threat management. Iam now looking for work and finding she is giving out information that I quit due to a disciplinary action by her and that she would not rehire me and then told the prospective employer to "read what they would like into that" Do I have any legal rights here??
2 answers | asked Sep 13, 2004 2:10 PM [EST] | applies to California
Answers (2)
defamation
if the statement is untrue (that is, you did not quit because of a disciplinary action, but because of her management style), you may have a claim for defamation. you also may have a statutory claim for multiple damages. your problem is that "reference" defamation is hard to prove. as soon as possible, you should consult with an attorney experienced in employment law, and particularly in defamation prctice. you can find an attorney in your area by going to the cal employment lawyers assn website and checking their member list.
janet m. koehn
ventura ca
posted by Janet M. Koehn | Sep 13, 2004 4:47 PM [EST]
if the statement is untrue (that is, you did not quit because of a disciplinary action, but because of her management style), you may have a claim for defamation. you also may have a statutory claim for multiple damages. your problem is that "reference" defamation is hard to prove. as soon as possible, you should consult with an attorney experienced in employment law, and particularly in defamation prctice. you can find an attorney in your area by going to the cal employment lawyers assn website and checking their member list.
janet m. koehn
ventura ca
posted by Janet M. Koehn | Sep 13, 2004 4:47 PM [EST]
Not enough information
It is unclear what happened that caused your separation from employment (was there a disciplinary action)? Generally speaking, it is illegal for a former employer to "blackball" a former employee by providing false information on a reference check.
posted by George Allen | Sep 13, 2004 2:43 PM [EST]
It is unclear what happened that caused your separation from employment (was there a disciplinary action)? Generally speaking, it is illegal for a former employer to "blackball" a former employee by providing false information on a reference check.
posted by George Allen | Sep 13, 2004 2:43 PM [EST]
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