Legal Question in Employment Law in Illinois

What can an past employeer say during my background check?

I had a past employeer say malicious things about me to a current employeer that is conducting a background check on me. The big problem is that my past employeer was not asked to provide her opinion about me, she just busted into the room that my current employeer was interviewing my past co-worker and she started screaming really malicious things about me.


Asked on 6/28/08, 2:24 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: What can an past employeer say during my background check?

Hello. Under these circumstances you have a slander suit against your past employer, in my opinion. The past employer's conduct was outragious and certainly tarnished your reputation in the eyes of your current employer. In answer to your question, the past employer had no right to make these statements about you. Her comments do not amount to "protected speech." Will be happy to discuss this further and in more detail.

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Answered on 6/29/08, 4:44 am


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