Legal Question in Employment Law in New Jersey

I was fired unfairly from my temp job last July. I was initially denied unemployment but upon appeal I was able to provide my work history along with witness statements that the event I was accused of never happened. Since then I have been searching for work but in a couple of the interviews, I was asked about that very same incident with that previous employer. Although I explained my side and informed them I am receiving unemployment since I did nothing wrong- I haven't been able to find work.

My resume is online, I have a lot of experience and I have a 3.0 grade point average, but it seems these employers either NEVER call back or once I show up for the interview they refer to this incident in a round about way. I feel I'm being blackballed by the manager who got me fired from the temp job. Is their any way I can prove this? This is illegal right?


Asked on 5/09/11, 9:31 am

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

If someone makes false statements about your character and, as a result, you are unable to secure employment, there may be a claim for defamation. However, if the statements are true and work related, chances are there is no claim to be had. And, you touch on an important issue---proof. There are discovery techniques (once a lawsuit is pending), but you would need to prove that your inability to find work is related to false reports of the incident in question and not one of any other number of possible reasons. In any case, matters such as this are very fact sensitive and cannot be answered in a brief email exchange.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 5/16/11, 5:13 pm


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