Legal Question in Employment Law in New Jersey
Former Employer Continues to Malign My Character - Can't Find Work
On January 21st of this year, I had asserted a workplace safety concern in writing to my boss. The following day I was fired. I have a letter from the Human Resources Manager citing �insubordination� as the reason for my termination. I was initially denied the first six weeks of unemployment compensation due to the �nature� of my separation from the company. After a lengthy investigation, the decision of the Appeals Tribunal of the NJ Dept. of Labor is as follows: �No disqualification arises under N.J.S.A. 43-21-5(b) as the claimant was not discharged for misconduct connected with the work. This decision will have an impact on the employer�s liability for benefit charges against its experience rating account. The determination of the Deputy is reversed.�
My former manager continues to tell any prospective new employers who check my professional background that I was �fired for insubordination�. He is denying me the right to earn a living. My question is, aside from being morally reprehensible; isn�t he breaking the law and what can I do about it?
Thank you.
1 Answer from Attorneys
Re: Former Employer Continues to Malign My Character - Can't Find Work
The answer depends on what your former boss is saying to prospective employers. This is a tough thing to prove generally. What your boss allegedly said MAY consitute slander if it causes others to think less of you once they have heard the statement.
Again, this is very difficult to prove, in that it requires a prospective employer to become involved in the case as a witness, but then again that is not an insurmountable problem.
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