Legal Question in Employment Law in California
Defamation
An employee give an employer a week
and a half notice that he/she have
found another job an will be leave the
company.
Several SVPs which includes his/her
manager, several VPs, and AVPs
persuade the employee to change the
last day to be three days sooner.
Two days after the employee left the
company, the manager contact the
former employee's new job.
The former manager informs the new
manager that the employee left the job
early when they needed the employee to
stay til the end of the month (three
weeks). Also, the employee is a trouble
maker and not a team player.
The manager also mentioned that the
employee had burn his/her bridges with
the company.
The new manager is disappointed with
the employee, who has not even started
his/her new job.
Is it legal for an former manager to
contact the manger of the employee's
new job and say the things mentioned
above? What can the employee do?
There is a possibility that he/she may
not have a job when he/she goes in on
his/her first day at the job.
3 Answers from Attorneys
Re: Defamation
If it was unsolicited and adversely impacts the new employee's job, he or she might have a claim for intentional interference with either contract or prospective economic advantage and libel (for the untruths). Here's hoping for the best!
Re: Defamation
In California, we have an anti-blackballing law that is designed to prevent the actions that apparently have taken place. If this person loses their job as a result of the vengeful manager's actions, he/she should seek legal advice to determine their available remedies.
Re: Defamation
If false statements can be proven, there is defamation. If the employer's call was unsolicited, then there is interference with contract, etc. If you can show financial damage, by not being hired because of it, then you have a claim to pursue. If that happens, feel free to contact me. You might also consider 'educating' the employer through a lawyer's letter that demands they cease, to prevent further and future damage.
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