Legal Question in Employment Law in New York

Past employer giving bad (and false) reference

On a Monday afternoon, I was told by my employer that my services would no longer be needed but that they would pay me through the end of that week. I had already scheduled vacation time for Thurs-Friday of that week and when I asked about this, I was told that I did not have to come to the office for the rest of the week. So I did not. (Unfortunately, I did not get anything in writing.) After my scheduled vacation was over, I started looking for another job. I eventually got an offer, which was arranged by a recruiter. The recruiter forwarded an email to me from the company, outlining salary and benefits, contingent on my references checking out. Then the day before I was supposed to start I got a call from the recruiter saying that the offer was being rescinded for "human resources" reasons.

It turms out that my previous employer is now claiming that I did not come in to work for 3 days and so I was "let go". I am wondering if I should sue for.. defamation of character? Falsely negative reference giving? Do I have a case against the company that rescinded the job offer, since I already had it on writing?


Asked on 10/03/00, 11:32 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Past employer giving bad (and false) reference

I can't imagine what basis there would be in suing the new employer, since they extended the offer contingent upon references.

As to the former employer's false statement, yes it sounds like you could sue them for libel or slander. Not sure how you will be able to prove it, though.

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Answered on 11/01/00, 9:38 am


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