liable suit?

[mantafire]

What is the name of your state (only U.S. law)? Kansas

I just found out that a former boss had put down false statements in a mailer that my present employer has sent out. He wrote on this mailer in his own handwriting and signed it that I was fired for lying and threating a ceo, and unauthorised use of a cell phone and that he also stated that he would not reccomend me to have any position that would require a security clearance and that I am not honest nore do I have the ability to retain my bearings under stressful conditions. the he believes that if I was put into a position of power that I would become a tryant or a criminal (ie dirty cop)
after hearing this I questioned this former boss and he said he made no such statements and he agreed that I did infact quit after returning from my mothers funeral. His comments have directly impacted my charachter and have currently effected the current employer to look at my ability to obtain a security clearance directly effecting my income and the ability to work at my current position. Do I have a liable case for defimination of character

 

[mantafire]

I have never received any paperwork or diciplanary actions against me verbally or in writing at any point in my employment with this former employer. I did however refuse to take part in illegal activities that he tried to solicit me to take part in. once I quit he had been turned into the authorites for his illegal activities.

 

[swalsh411]

You may have a case but you would need an attorney. Generally, employers can report what they believe to be true or honestly held opinions and there is no exposure there.

Did you actually see what he allegedly wrote? How do you know he wrote these things?

The term is "libel" by the way.

 

[davew128]

The term is "libel" by the way.

Oh come on. How dare you expect people to properly spell terms that are listed in the name of the forum subsection.

 

[quincy]

Interestingly, "defamation" is spelled incorrectly, as well.

mantafire, can you please clarify a few things for me and provide a few more details?

You said that your former employer sent a "mailer" (although he denies doing so). Please define mailer as you are using it.

Was this mailer sent directly to your current employer only? Do you know why it was sent (ie. was it in response to a reference request)?

To whom did your current employer show this mailer? To you only?

How has the false information affected your employment to date (other than your current employer looking more closely, perhaps, at your qualifications as they relate to your current position and to a future security clearance)?

How has your character been questioned and by whom?

You may, as swalsh said, have an action against whoever it was who sent the false statements to your current employer, just as you may have an action against your current employer if he "repeated the libel" by distributing, without privilege, the false statements to others.

But more facts are needed to tell you whether this is a matter worth reviewing with an attorney in your area or whether there is any action worth pursuing.

 

[swalsh411]

I think he's talking about the form that is sent out asking for a character reference on a person seeking a security clearance.

 

[mantafire]

this indeed is the case the mailer in question was infact a reference mailer for thos ein the position of obtaining a security clearance.. and this information was given directly to me. I have a copy of exactly what he wrote on this supposed mailer. I have a copy of exactly what he did in fact write down and return. It is in my former bosses handwriting and signed by him. Now this has impacted me greatly to obtain said security clearance, and I am currently having to rebute these statements. but for me this is not enough.. I want to know if there are actual legal actions to take against this former employer?

 

[swalsh411]

You will need an attorney to pursue legal action against your former employer and/or boss. If your case is strong enough, you should have no problem finding one.

 

[quincy]

There is potentially a defamation action you can bring against your former employer, but all of the facts of your situation must be reviewed by an attorney in your area to determine this for sure.

One fact that may be important is if you signed any "release form" when you left your previous place of employment, giving your consent for the employer to provide a reference to a prospective employer. It is not unusual for these releases to include a provision that says you agree not to bring any legal action over any reference information that is provided. An employee consent waiver could release your employer from any liability he may otherwise have in providing a defamatory reference. Although these releases or waivers do not always hold up to a legal challenge in court, it is something that must be considered, as it will complicate any suit.

Should the attorney you consult determine that you have a case with merit, you should go over with the attorney the costs of pursuing an action (time, money, and reputation costs) versus the benefits should you win such an action (a dollar award to compensate you for your injury).

An award of damages, should you win a suit, will be based on the degree of reputational injury you have suffered as a result of the defamatory reference, which can be shown by both wage or job loss or through less tangible forms of injury such as humiliation and emotional distress.

Generally, a Kansas employer has an immunity from civil liability (ie. defamation suits) when the employer is disclosing information about a former employee to a prospective employer. The immunity or "privilege" will protect the employer when he is disclosing hire dates, pay rates, job descriptions, wage histories, and written employee evaluations (see Kan Stat Ann §44-119a).

This privilege or immunity from liability will hold if what the employer discloses is disclosed with a good faith belief in the truth of the information disclosed, and when the information serves a legitimate business purpose, and when the information is disclosed to only those with a legitimate business interest in the information.

The immunity that covers employer disclosures is not an absolute immunity, however. The privilege that covers employer communications can be lost if it is shown that the information communicated was false and/or was shared with those without a "need to know" and/or if a malicious intent on the part of the employer can be demonstrated.

Although actual malice is an element of defamation that is very difficult to prove, the fact that you knew of the former employer's illegal activities could be helpful in demonstrating a retaliation of sorts on the part of the employer when he was providing your reference. Again, this is something that should be discussed with your attorney.

Based on just what you have provided in the way of information here, it sounds as if it would be worth your time and money to sit down with an attorney in your area and discuss a defamation lawsuit.

Good luck.

 

[HomeGuru]

Oh come on. How dare you expect people to properly spell terms that are listed in the name of the forum subsection.

**A: good one.