Legal Question in Employment Law in California
I was terminated from employment with a national sign company. Worked there for over 3 years. Skill set no longer needed was reason for termination. Today, a potential employer sent me a message stating that my previous employer made the following comment. "All I can tell you is that she has emotional issues." Can I sue my previous employer?
2 Answers from Attorneys
Possibly. While former employers may state their opinions about ex-employees, providing false facts about them may be grounds for slander. The statement you attribute to the former employer may also be construed as a violation of medical privacy.
If the statement disqualified you from consideration for the job you applied for and the prospective employer is willing to testify to that, you can show damages were caused by the statement. You should discuss the facts with experienced employment law attorneys in your area, for a more informed opinion and explore your legal options.
Anybody can sue anybody for anything. Winning is entirely different. You would have to PROVE through credible witness or documentary evidence that an actual false statement of fact was made and it damaged you financially.
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