Legal Question in Employment Law in Florida
Employment Termination
I was recently terminated from my position with a local engineering firm. No reason was provided nor was there any documentation delivered. I just found out that the employer that terminated me has been going to other places of potential employment and proclaiming that I do not have a college degree, that I did not obtain my prfessional certifications as I had claimed. They claim that they could not verify any of that which is an absolute falsehood. Can my old employer discuss my previous situation to the point of defamation with a perspective employer? Is there anything I can do to get them to stop? I realize that FL is a right to work state but I didn't think that it was legal for them to discuss anything that wasn't performance related. Thanks in advance for any advice you can offer.
1 Answer from Attorneys
Re: Employment Termination
First, right to work is entirely irrelevant. That simply means you can't be forced to join a union when you go to work for a company.
Second, if the company is spreading falsehoods - such as implying or stating that you do not have degrees or whatever, that is in fact defamation and interference with your business opportunities and is actionable. If you are sure they are doing it, you should call someone high up in the company and tell them in no uncertain terms that they must stop. You should also insist that they call up whoever they have spoken with and recant. Otherwise, let them know you can bring legal action.
You might also try getting something in writing if possible from the potential employers telling you what they were told. An email will suffice. That will be helpful later should you actually have to sue.
I do not recommend that you do so as it is a long and expensive process and these cases are difficult to prove. You just want to get the old company to agree to only give out neutral references if called: prior position and dates of employment and no more. It would also be nice if they would say you left under amicable conditions.
Of course, you can also prove to the other companies that the old company is wrong, such as by showing them your degree or whatever it is that is in dispute.
If you feel you need to hire an attorney to help negotiate with the old company, feel free to email directly to me.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon
The Sheldon Law Firm
CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.