Legal Question in Employment Law in North Carolina

Statements A Former Employer Can't Say About You.

I wanted to know what a former employer can't say about a former employee as it relates to potential hirees?Can a former employer make derogatory statements as it relates to a former employee getting hired elsewhere?None of the comments where discussed on yearly evaluations with the former employer.These statements possibly damaged his/her chances of becoming employed.The former employee left in good standing but wanted to pursue other options.What can be done about the damaging and untrue statements made by the former employer?Does the potential new hire have the right to know what was said about him/her in a background check?


Asked on 1/26/02, 11:38 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Statements A Former Employer Can't Say About You.

I am not aware of any prohibition against truthful statements. An untrue statement, however, may constitute libel or slander, which can give rise to a civil action (lawsuit) against the defaming party. In the employement context, that person may be given some leeway for statements made in good faith, under a public policy rationale.

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Answered on 1/26/02, 8:48 pm


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