Slanderous discharge?

[aromer1]

What is the name of your state?What is the name of your state? Illinois

I am a truck driver who worked as an at-will worker. I have been looking for a different job for a few months as the firm I worked for is a slave driving company who forces their drivers to work 14 hour days because the DOT allows it. On Friday, May 20, I got a call from a prospective employer who asked me if I could interview with them on Monday, May 23. I told them I'd see if I could get the time off and if they didn't hear from me, I'd be there.

I went straight to a driver manager when I got back to the terminal and explained what I'd have liked to do. She called my driver manager at home and my manager said it would be OK and to come in on Tuesday morning to see her. I went to the interview on Monday and called my driver manager to tell her that I could work out the rest of the week with them and that I would be taking the different job. She informed me at that time that I had been let go and there would be no more work for me there.

When I got back home from Memorial Day Weekend, there was a letter of discharge in the mail for me. It said that I had been discharged for refusing dispatch. I had NEVER refused dispatch. On the contrary, I thought I was doing what was right for everybody concerned when I went to a driver manager to inform them of my intention to go to the interview. They had plenty of time, ( a whole weekend), to schedule a different driver to the load they had wanted me to run. Now, when a prospective employer call for a reference, they will be told a blatant lie about my dismissal.

Since I was an at-will worker I know they can let me go for whatever reason or even no reason at all. It doesn't matter, really, as I would not work for that company ever again. What does matter, though, is the slanderous note in my employee record about how I came to leave that company. Is this legal? Can they really lie about me and I have no recourse?

Bill

 

[cbg]

Now, when a prospective employer call for a reference, they will be told a blatant lie about my dismissal. You don't know that. Many, many employers will not give specifics about why an employee left the company.

What does matter, though, is the slanderous note in my employee record about how I came to leave that company. This does not come even remotely close to meeting the legal definition of slander.

Is this legal? Yes.

Can they really lie about me and I have no recourse? You have no recourse at the moment because they have violated no laws and you have suffered no damages. IF at some point in future, they tell a lie about you AND as a result you suffer damages as the law sees damages, THEN you may have recourse.

 

[Beth3]

Bill, if you want to mitigate the potential damage of your former employer giving out the reason for your dismissal, then contact the person you just interviewed with and tell them what happened. If you do so, the following will be key:

1. Do NOT speak ill of your former employer, no matter how upset you are. When speaking to the prospective employer, you can portray yourself as incredulous over the iinexplicable turn of events but bashing your ex-employer is a no-no. If you do so, it will make a very bad impression.

2. Do not ramble on and on and give them every little detail of what happened. Simply tell the person you interviewed what took place and that you are mystified and that you are telling him/her so if they call for a reference, they won't be surprised at the reason given for separation.

3. Express your continuing interest in the job and the company, thank the interview for his/her time, and then get off the phone. You do not want to belabor the situation.

Good luck.