Legal Question in Employment Law in District of Columbia
Subject
I left my job in good terms to work for another company, something I've arranged for in advance through a friend at the new company. However, my friend has told me that when the new company called for references at my previous place, my previous manager said on a phone conversation that I wasn't good to hire. I still got the job but IS THERE legal ground for me to sue my former manager or at least warn him, since this bad recommendation my impact my future carreer?
2 Answers from Attorneys
Re: Subject
That is a very good question! The first thing that comes to mind is the possibility of sueing the last employer for defamation.For that, you must prove the following: they made negative comments about you to a third party. The comments were untrue and they knew or should have known they were untrue and as a result of these comments, you suffered damages. Now if they said you were not good to hire to another emplyer: you have the negative communication to a third party. Now that must be untrue (is it?) and they must have reason to know or actually know that it is untrue. Do they know that to be untrue? Do they have reason to know that to be untrue? Finally what are your damages? Well, right now, it doesn't seem to have impacted you economically. (You aught to check to see if that is so. ie Did they give you less money than they would have had you not gotten this bad reference?, are they putting you on probation where they would not otherwise have done so?)
Assuming you have everything except the real damages here but you have everything else, I would let them know exactly what you will do if they ever give you this kind of untrue reference again. Good Luck and call if you need more help
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Re: Subject
If you mean do you have adequate grounds now to sue your former employer for defamation based upon some uncorroborated hearsay allegation from a third party, the answer must necessarily be, no, you do not(in my opinion).
It may also be worth remembering that even in the District of Columbia the truth is generally an absolute defense to an action for defamation.