Legal Question in Employment Law in Indiana
Give a letter or recommendation and then bad references?
I left my last employer after about 1 1/2 years. My boss and I didn't always see things the same but I thought things were ok. One day I get called into a meeting and get written up for basically not keeping all of my ''users'' happy. I was a network admin. Oh, and we have a new guy starting Monday and I need you to train him. Ok, I'm not dumb so I gave notice or resignation the next day with the intent of leaving in basically 12 days (end of month). So I train him and my boss when asked gave me a letter of recommendation that he asked me to write and he signed. So things were good...I left on good terms. No 6 months later and I've had a bunch of companies really interested and they die when I give references. So I had a service check him out and he's saying I have very little technical ability and can't get along with people! I even still have his letter of recommendation! Do I have a case in trying to file suit and recoup some of my lost income?
2 Answers from Attorneys
Re: Give a letter or recommendation and then bad references?
If you had been discharged, I would say you have a "black listing" claim. I suppose it would be possible to argue constructive discharge, but I think the best approach would be to allege defamation of character. Although this defamation is "per quod" (must prove damages) and not "per se" (damages are presumed and need not be proved), the loss of several employment opportunities should be enough to establish damage. Please feel free to contact me at the below e-mail address if you would like to pursue this matter.
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Re: Give a letter or recommendation and then bad references?
You ex employer made a very serious (and foolish) mistake. They have, essentially, defamed you with what amounts to a black-listing in the work community. I'd say you most certainly have a claim and should pursue it.
See a lawyer immediately.
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