Legal Question in Criminal Law in California

Tort

Your complaint is a common one and is not a criminal proceeding, but a civil proceedings. If the material is obviously untrue, you can proceed with a slander suit. However, you will most likely be required to pay costs, which can be prohibitively expensive in civil cases. The filing itself is several hundred dollars, which will be insignificant compared to witness fees and jury fees, should the case go to trial. At this point your best bet is to contact an attorney practing labor law and pay him to write a letter to your former employer regarding the false statements. You should be able to find an attorney to represent you in this fashion for a few hundred dollars. Hopefully, the letter will resolve the situation.

Re: Slander

Thanks for your posting.

By law, a former employer cannot give out confidential information in personnel or medical files; give false information; give out information regarding your age, sex, race, national origin or disabilities; or

circulate false information to prohibit you from getting another job.

If an employer spreads false information about you, it can damage your reputation and prevent you from finding another job.

If a prospective employer calls a former employer for a reference, and the former employer gives false information, you may have the right to bring a defamation action. Although they constitute a growing number of legal claims, defamation cases can be difficult to prove.

For defamation to occur your former employer must have made a false statement about you,

he or she must have told or written the statement to at least one other person, and

the statement must have harmed your reputation in some way.

To be considered defamation, a statement must be more than personal opinion; it must be a statement of fact. For example, a statement that your employer believes you do not get along with coworkers is not considered defamatory.

Some statements are so damaging they automatically hurt your reputation. Examples of such statements include:

a statement that you committed a crime

a statement that your job performance was poor

a statement you used drugs or alcohol

a statement you were dishonest

a statement you committed sexual misconduct

Other statements may not automatically be defamatory, but could be considered defamatory depending on the context. For example, when discussing why an employee was fired, a statement from a former employer to a prospective employer to "read between the lines" could be defamatory depending on the context in which it was said.

I would suggest contacting a labor/employment attorney (I can help if you like) to first write a "cease and desist" letter, and gather as much information from other employers regarding EXACTLY what was said.

You may then want to file a lawsuit with our without an attorney, which may depend on your damages. Best of luck, and if you have other questions, please email me.

Re: Slander

Lawguru has sent your question out as a criminal law question. It is a civil matter. I'd first have a friend call or contact your former employer, and inquire about your employment and termination by them. Then I'd write the former employer a letter, and tell them to cease and desist from their conduct. Then I'd sue them for the damage to your professional and personal reputation. There are some attorneys that specialize in employment law, and they would be better able to advise you in this matter. I'd start with seeking advice from one or more of them.