Legal Question in Employment Law in Maryland

Re: After I resigned, x-emplo referencing I'm not Re-hirable

This is a question of defamation. If the employer is saying that you are not rehirable because of something that is not true (perhaps they are defaming your work), then their actions are probably actionable. If they are telling the truth, then they may do so, regardless of what they are saying. (They may be saying your are not rehirable simply because you resigned.)

In either case, it is difficult to prove what is happening. You likely would have to sue and depose the people involved. If you can, try to find out from some of your prospective employers who have not hired you what exactly the old company is saying.

You can also call the old company and ask. Try to speak with HR or the person actually giving out the information. In either case, warn them (diplomatically but firmly), not to interfere with your ability to get work or otherwise defame you.

Also, if you have the old company's policies, see what they say about references. Many companies will not give them, so they may be violating their own policy. If so, you can tell them this and ask them to stop. (You can ask the company if they have a policy on references, too.)

If the situation persists, call me for a free consultation after 8/1. We can discuss what, if anything, you could or should do.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.