Previous Employer Slander?

[vladiator16]

Ohio

I recently found out that a firm I worked for almost three years that is listed in the employment history of my resume is giving negative feedback to the companies I have been interviewing for. I was terminated from the company due to reasons dealing with future mobility and reallocation of the staff in the company. Upon their notification of my termination, one of the partners informed me that I could use him as a reference for any possible future positions.

When I filed for unemployment, the firm contested it stating that I could not meet all of requirements of the position. I sent the unemployment agency all of my reviews (which were all good) and I never had to go to a hearing based upon those reviews.

I recently interviewed for a decent position in my trade. After several attempts to contact the potential employer, a letter was sent to me stating that I was not considered due to the office manager in the firm that I used to work for stating that I was incompetent and suggested that the potential employer should not communicate to me in any way their reasoning regarding their decision not to hire me.

I have two of the supervisors that used to work with this firm listed in my professional references. Both of them speak highly of my skills.

I graduated from college five years ago, so this firm represents a good portion of my professional employment history. I believe that the firm is bitter over the unemployment agency’s decision and they are trying to prevent me for acquiring a new position in my trade.

Do I have any recourse? I really would appreciate any comments. Thanks.

 

[Beth3]

When I filed for unemployment, the firm contested it stating that I could not meet all of requirements of the position. I sent the unemployment agency all of my reviews (which were all good) and I never had to go to a hearing based upon those reviews. Are you sure they contested the claim? When an individual files for UC benefits, the UC office contacts the employer and asks the reason for separation. If your employer responded "inability to do the job," that doesn't mean they were contesting the claim. It just means they provided the requested information. The UC Division granted benefits because you were eligible for them.

a letter was sent to me stating that I was not considered due to the office manager in the firm that I used to work for stating that I was incompetent and suggested that the potential employer should not communicate to me in any way their reasoning regarding their decision not to hire me. The prospective employer put that in a letter?!? That's highly irregular but they can do so if they wish.

The legal issues here are whether the former employer either (a) lied about you, or (b) whether they were negligent in something they said, and (c) whether you suffered any damages as a consequence. (In other words, you would have gotten this job IF NOT FOR the reference information provided.)

Whether you have a claim here is completely fact-specific and also dependent on your State's relevant case law. You need to show the letter to an attorney and discuss the specifics with him/her. Be advised that the burden of proof is on you to prove all the elements necessary to support a claim of defamation/negligent referencing.

 

[vladiator16]

Thanks for the input Beth.

I used to handle unemployment claims for a temporary employment company and I'm fully aware of the procedures relating to unemployment claims. My presumption that the company contested the claim is based upon the fact that my ability to perform my work was not discussed as a factor to my termination. The company clearly contested my unemployment claim by providing a false statement which was reputed by the evidence that I provided.

I guess my question was if a company can be held liable for providing false information relating to my performance with the company in order to prevent me from obtaining employment in my profession. Apparently, actual damages must be specified relating to their actions.

 

[Beth3]

I guess my question was if a company can be held liable for providing false information relating to my performance with the company in order to prevent me from obtaining employment in my profession.

How are you going to prove that it's false? Your former employer is entitled to their opinion of your work performance if it's honestly held, even if it's inaccurate and even if you disagree with their opinion.

I might very legitimately believe that "Sue" does a lousy job while another manager might think she's just great.