Legal Question in Employment Law in California
Fired from job by phone call telling of my past with another employer
Time is running out for me, statue of limitations. I was fired from an employer in July of 2002 and found another job in August of 2002. While working with my new employer someone from my old employer called and informed them I was let go for embezzlement. My case was in the process of being prosecuted and was in litigation while I was employed with the second employer, in fact I signed a form allowing them to do a background check before they hired me. They offered me a job and I started working there. The phone call came about two weeks after I started working there and they eventually fired me on October 9, 2002 after futher investigating and finding my case was still pending. My question is can I sue the first employer for calling in the information, the second employer was extremely satisfied with my work but fired me because of the phone call and susequent background check. The way I see it future potential income was taken from me because of the first employer. I know the phone call came from a store manager from my first employer because she was bragging to another worker about what she did and he informed me she had done it. Help me please...I still haven't worked because of this incident.
2 Answers from Attorneys
Re: Fired from job by phone call telling of my past with another employer
Unfortunately, you have not provided enough information to answer your question. You must prove false information was given about you. You have not actually advised what information was given your new employer, who gave the information and/or whether the information given and/or charges were accurate. You as the Plaintiff must prove the elements of defamation and/or whatever causes of action can be reasonably plead. Call to discuss. 800-685-6950
Re: Fired from job by phone call telling of my past with another employer
If the phone call was more than a year ago, you are probably too late to sue. If not too late, then you have to show they made false statements about you to prove slander [your statement implies you WERE fired for embezzlement]. You can claim they intentionally tried to damage you at the new job. If not too late, consult a local attorney to discuss facts, defenses and statute of limitations.
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