Legal Question in Employment Law in Texas

give a negative reference from current employer

Last July I herniated a disc in my back. I came back to work around the end of sept. While hurt I had to hear how I was faking my injury. Even though my MRI showed otherwise.

Well once I came back to work I felt blackballed. When work was slow I was the one who had to work the 3-4 day work weeks. Even though things are to be done on senority, and I have 10-12 people below me. I put in for another, and was told I had it pending my background check. I was told the last thing to be done was a call to my current employer. My employer was called, and no job offer was made because of the reference that was given.

I am unable to find out exactly what was said. I do know I am one of the hardest workers at my place of employment. I feel as if my back injury was released during the reference. I was told they could not release this because of HIPAA. Not sure if this is true or not.

For a few weeks after I found out about the reference. Management was my best friend. Now it is back to the same old crap. Do I have an remedy for harassment, or defemation of character? The company I aplied for has to have what was said on file.

Thank you in advance for your time.


Asked on 4/02/07, 4:58 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: give a negative reference from current employer

It sounds like discrimination but if your employer did not have work comp insurance, there is no remedy. If there was work comp insurance you may have a remedy but such cases are expensive

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Answered on 4/12/07, 8:54 am


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