Legal Question in Employment Law in New York
Bad recommendation
My dad recently lost his job, he's been applying at various jobs but he's never gotten a call back. He worked 11 years at the job he got fired from and he has a lot of experience in his field. I was wondering if the reason he hasn't gotten a call back from any of the jobs is because his former employer is giving out bad recommendations. Well, my question is if it's illegal for former employers to give out bad recommendations so that he can seek some type of legal action.
2 Answers from Attorneys
Re: Bad recommendation
The employer is entitled to tell enquirers what he or she honestly thinks about your father as an employee. That does not mean that the employer is free to libel or slander your father's reputation for honesty, and truth telling, but the employer's opinion on his work qualities is privileged to a limited extent. To find out what they are saying, go on the Web and find the companies and services that check references for you and they can pose as your father's prospective employer and check what the former employer is saying about him. If it is wrong, contact a lawyer.
Re: Bad recommendation
The short answer is, if in fact they are giving out maliciously false information which affects his reputation and ability to earn a living, he may have an action for slander or tortious interference with his business interets.
However, his chance for success in such a suit depend on fact-sensitive circumstances which are likely to be very difficult to prove.
If you wish to discuss this further, you may call and I will try to give you some guidance.
Good luck.
Ralph Soukis
201-599-0744
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