Legal Question in Employment Law in Vermont

bad job reference

My husband applied for a new job and when they called one of his previous employers - a municipality, he was in the public works/road department - they gave a bad reference and stated that ''he abused his workers compensation benefits''. This is not true. He was there for 14 years and he did have a few work related injuries - the biggest when he was hit by another driver while on town business in a town vehicle and consequently, he needed two knee surgeries. But, he never abused his workers comp or filed any false claims. I consider this slander or defamation of character. Is there anything we can do about this reference?


Asked on 9/18/03, 1:04 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: bad job reference

Absolutely. Hire a lawyer and sue. Most employers know not to do this, so who gave the bad reference has just opened up the ex-employer to significant liability. Especialy since your husband clearly lost the job because of the bad reference. You've got what sounds like an excellent case, particularly in this economy, where you can't afford to lose a good job. Definitely go for it, but try to take the name and position of the person who gave the bad reference, as well as get a statement in writing from the would-be employer as to the reason you did not get the job. Also ask, if they would reconsider their position if the referenc was found to be a clear falsehood.

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Answered on 9/18/03, 1:10 pm


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