Legal Question in Employment Law in New York

My ex-employer laid me off in May of 2009. Just prior to me being let go I found out that he had been keeping the salary deferments that I had been making to the SIMPLE IRA he had set up for us (the employee's). I am pretty sure that is why he let me go. I called the IRS and I got my money as well as a match that he owed me. I was paid the match in May 2010. He was really mad about the IRS from what I am told by friends that are still employee's at his office. Since then I was hired at Transportation Security Administration at the Burlington VT, International Airport (BTV). This job required a background investigation and they went and question my former employer. He told the background investigators that I was not laid off, he told them he fired me due to clients complaining of confidentiality problems and that I retaliated by calling the IRS and trying to get him in trouble. He said that I was not a good or a trustworthy employee. This could have gotten me fired for lying on my background check had I not had written proof that I was telling the truth. My question after this long story is can I sue him for slander and defamation of character? Do I have a case that will go anywhere or is it just not worth my time? Can I find a lawyer that would take a case like this based on contingent fee?


Asked on 11/18/11, 11:35 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

The problem with your case is that although you 'could have gotten' fired, you didn't. Therefore, there really are no damages -- and most attorneys won't take a case in which damages are nil or nominal -- particularly on contingency.

You may wish to consult your local bar association to inquire further of a local attorney. Good luck!

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Answered on 11/22/11, 10:04 pm


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