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Defamation of Character

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ruiru

Junior Member
What is the name of your state? NY :)

Here's my situation:
My company is a Information Technology provider (outsourcing). They have lost their account in NY state and have 10 employees that require placement in one of their other accounts.
The process requires any of the ten to interview with a prospective account to get placement.
I got three interviews and all went well. However, I never got the nod from any of the managers to join their team.
On further inquiry with friends in the company, they indicated that one of the ex-account managers at the NY site had been giving me bad references such as "he is bad news", "the fails to deliver", and "is is tardy". My interviews go really well even to the extent that they even pay flights and car rentals for second interviews at the corporate office. Then mysteriously, the job offer is not extended. Remember, I already work for the company. I have till the 1st of April, 2005 to get a placement or I will get laid off. My performance reviews have been good and there are no, formal or otherwise, discussions about my failing to meet deliverables or being tardy. On critical projects I'm expected to work long hours to complete tasks that have been under-resourced. We do not get paid for any overtime hours. On occassions I have worked 60 hours straight to get the systems conversions completed. When I work the long hours I show up later at work (usually 9:30 am instead of 8:30 am, this is the accepted practice at work, we do not have formal sart and finish hours).
Do I have a case for defamation of character with the ex-account manager or the company?
 


cbg

I'm a Northern Girl
Not on the basis of what you have posted.

To have a case for defamation, the burden of proof is on you to show that FALSE statements were broadcast to an audience and as a result you suffered damages. With the possible exception of the "tardy" comment (and depending on circumstances even that) the statements made fall under opinion, which is protected.

Bad references are not illegal. Only UNTRUE references are prohibited. If it is the opinion of the ex-account manager that you are bad news or that you did not deliver what he expected, he has the right to say so, even if you disagree.
 

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