previous employer slander

[john2011]

I was working for a tugboat company, I had the required seatime needed to submit to Coast guard for my upgrade to A.B with that comes pay raise on average of 30,000. I contacted office numerous times and last time they told me I only had 43 days seatime which was off and had pay stubs etc to back it up. Got in verbal argument as she claims her computer doesn't lie etc. Anyways I was right she was wrong I left the job didn't want to waste any more time with them. Two weeks later I get letter in mail with my accurate seatime no letter saying sorry we made mistake etc. I been trying get back offshore and recently was told by one company I applied to and got denied job with that they are bad mouthing me and giving bad references. Yeah I quit but the time that I was there and working for almost a year I was nothing but a good hard working employer just wasn't happy about they trying to screw me out of paper work I needed to upgrade. Now in return they slandering me and trying to ruin my character. I was working in L.A. now reside in NJ.. Can a lawyer do anything? What is the typical fee for a lawyer for this type of matter+?

 

[The Occultist]

Let me understand this: you quit without proper notice, correct? And they are telling this to those doing employment verification checks on you, right? So, they are telling the truth regarding your termination of employment with them, yes? Sorry, you lose; truth is the ultimate defense to any defamation lawsuit. Your teenage mentality in handling the situation is causing you hardship in finding future employment; the problem is you, not your previous employer.

Obviously, if I have misunderstood the situation, then disregard my less-than-positive message.

 

[john2011]

you must not know the law and regulations in this job field. They are required by law to keep accurate copy of seatime. They were lying about my correct seatime then later after I left they try to correct their mistakes and still don't see how they were wrong and I was right. But obviously I was right because after terminated employment they gave me the correct papers. We are not talking about an upgrade with a $1 or $2 hr pay raise wwe are talking $30,000 yr extra

 

[cbg]

You have two completely separate issues here; the time issues (which evidently have been corrected) and the reference issues. So quit worrying about the seatime since that has been fixed, and let's talk about the references.

EXACTLY what are they saying? Contrary to popular opinion, negative references are not illegal. Only untrue references are illegal. If they are saying you quit without notice then you're out of luck because it's true that you quit without notice and they are allowed to tell the truth. If they are saying that they were not happy with your attitude you are still out of luck because they are allowed to give their opinion of you even if it's negative and even if you don't agree with it. On the other hand, if they are saying (as an example) that you were fired for stealing, THAT would be actionable.

 

[commentator]

So you want to get an attorney and sue them for what? They cannot be sued for making an error on your time records. They later corrected this error, even though they didn't send you a letter of apology. They could be sued only if they lied to other prospective employers about the way you behaved and the circumstances under which you left employment with them.

And from a few little statements that you've dropped in there, "....got in a verbal argument in which she claims..." and "I left the job, didn't want to waste any more time with them!" "...they trying to screw me out of paperwork" it sounds as though you were very belligerant and aggressive with someone in the office regarding this mistake, and they could very well, and very honestly be telling your prospective employers that you behaved this way.

No, that they have your hours wrong does NOT give you the right to bluster and bellow and be a jerk. True, it's a lot of money, but if the information is there correctly somewhere, and you are right about their mistake in your hours, it is going to be corrected eventually, whether you yell or speak softly, it is not going to make any difference whether you call it to their attention with dignity or whether you make a big scene and tell them off and threaten them before you leave. But in what sounds like a very selective and small employment field, the employers and workers will all know each other eventually and reputations will be made and hiring decisions will be made based on these sort of reputations. That isn't something you can sue a former employer about. So what if you were a good employee for a year? I'm sure that information is being provided. You did make a scene and walk off. That's true too.