Defamation of Character in Florida

[Floridagirl2222]

Hello, my questions relates to Florida law. On Dec 9th my current supervisor provided me a reference for a job outside the company. My supervisor provided a written reference. The job I applied for was checking my references and the next step was a job offer. I provided my two week notice on Dec 13th to my current supervisor and then on Dec 15th the company that I applied with called to tell me they would not be offering me a position. The HR rep stated that she wanted to give me a heads up on one of my references, and provided my supervisors name. She told me the reference was so bad that based solely on the reference I was not going to be hired.

Unfortunately I have not been able to obtain a copy of the written reference to see what was said. I brought the situation up with my HR department at my current job and unless I provide proof of what was said they can’t do anything.I am having a hard time finding anyone to take this case due to the fact I resigned on my own. I have never been written up, no absent issues, everything on my review has been spotless, I believe this was a personal attack. Does Florida State Statue 768.095 not apply if the information my supervisor provided was false and slander?

thank for everyone’s help

 

[quincy]

Hello, my questions relates to Florida law. On Dec 9th my current supervisor provided me a reference for a job outside the company. My supervisor provided a written reference. The job I applied for was checking my references and the next step was a job offer. I provided my two week notice on Dec 13th to my current supervisor and then on Dec 15th the company that I applied with called to tell me they would not be offering me a position. The HR rep stated that she wanted to give me a heads up on one of my references, and provided my supervisors name. She told me the reference was so bad that based solely on the reference I was not going to be hired.

Unfortunately I have not been able to obtain a copy of the written reference to see what was said. I brought the situation up with my HR department at my current job and unless I provide proof of what was said they can’t do anything.I am having a hard time finding anyone to take this case due to the fact I resigned on my own. I have never been written up, no absent issues, everything on my review has been spotless, I believe this was a personal attack. Does Florida State Statue 768.095 not apply if the information my supervisor provided was false and slander?

thank for everyone’s help

With defamation, what exactly was said or written, and in what context it was said or written, matters. Without knowing what was communicated, you have nothing to base a defamation claim on.

 

[Zigner]

Does Florida State Statue 768.095 not apply if the information my supervisor provided was false and slander?

Have you READ the statute? The answer to your question is right there. I will point out that the information doesn't need to just be false. It must be "knowingly" false.

(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.095.html)
768.095 Employer immunity from liability; disclosure of information regarding former or current employees.—An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.
(Emphasis added)

Something I'd like to correct: Defamation in written form is labeled "libel". Slander would be defamation communicated verbally.

 

[quincy]

... Slander would be defamation communicated verbally.

I think you mean orally. All speech (written or spoken) is verbal.

 

[Zigner]

I think you mean orally. All speech (written or spoken) is verbal.

Depends on the definition used

https://www.merriam-webster.com/dictionary/speech
Definition of speech
1 a: the communication or expression of thoughts in spoken words
b: exchange of spoken words
2 a: something that is spoken
b: a usually public discourse
3 a: LANGUAGE, DIALECT
b: an individual manner or style of speaking
4: the power of expressing or communicating thoughts by speaking

https://www.merriam-webster.com/dictionary/verbally
Definition of verbally
1 a: in words : through or by the use of words
b: in spoken rather than written words
c: with regard to words or language


I do agree that orally is probably a better word to use though.

 

[adjusterjack]

My supervisor provided a written reference.

Did you give that written reference to the prospective employer?

 

[quincy]

Did you give that written reference to the prospective employer?

It sounds as if Floridagirl2222 never saw the written reference.

 

[commentator]

It is going to be difficult as heck to figure out who said what, and you will get no back up from the company that was going to hire you. It is a very good possibility that you made your most recent employer angry with you by giving them the heads up that you were going to be leaving them. And since you did NOT have the new job sewed up, they were waiting on references, no firm offer when you gave that two weeks notice (not required, incidentally that you do that) there may have been some retaliation for your leaving them. So now you have nothing, but unfortunately, there is no law against this sort of undocumented he said/she said stuff. For all you know, it may simply have said, "Would not rehire" which is very subjective, and is not in any way "false or slander." You're not having anyone interested in taking your case because there isn't a case.

 

[zddoodah]

I brought the situation up with my HR department at my current job and unless I provide proof of what was said they can’t do anything.

Can't do anything about what? Also, "can't" is unlikely to be accurate. Rather, I assume that the department is choosing not to do anything.

I am having a hard time finding anyone to take this case due to the fact I resigned on my own.

Take what case? You haven't posted anything that would allow anyone reasonably to conclude that you have any viable legal claim against anyone.

I believe this was a personal attack.

So?

Does Florida State Statue 768.095 not apply if the information my supervisor provided was false and slander?

I'm uncertain why this question is phrased in the negative. FS 768.095 states as follows: "An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760."

Since you appear to have no evidence of what your former supervisor told the prospective employer, you obviously have no ability to prove (by clear and convincing evidence or otherwise) that the information disclosed was knowingly false or violated any of your civil rights.

 

[quincy]

Floridagirl2222, it appears that your best course of action at this point is to start looking for another job, this time on your job applications leaving off the supervisor from your list of references.

 

[cbg]

There's also the little fact that just because you don't agree with what was said, doesn't mean it isn't the honestly held opinion of the supervisor.

 

[Litigator22]

Hello, my questions relates to Florida law. On Dec 9th my current supervisor provided me a reference for a job outside the company. My supervisor provided a written reference. The job I applied for was checking my references and the next step was a job offer. I provided my two week notice on Dec 13th to my current supervisor and then on Dec 15th the company that I applied with called to tell me they would not be offering me a position. The HR rep stated that she wanted to give me a heads up on one of my references, and provided my supervisors name. She told me the reference was so bad that based solely on the reference I was not going to be hired.

Unfortunately I have not been able to obtain a copy of the written reference to see what was said. I brought the situation up with my HR department at my current job and unless I provide proof of what was said they can’t do anything.I am having a hard time finding anyone to take this case due to the fact I resigned on my own. I have never been written up, no absent issues, everything on my review has been spotless, I believe this was a personal attack. Does Florida State Statue 768.095 not apply if the information my supervisor provided was false and slander?

thank for everyone’s help

FIRST, do not overlook the strong likelihood of your former employer - with its deeper pockets - being found legally accountable for you damages! (Google: respondeat superior - literally, "let the superior the master answer")

Also note its added attractiveness to a trial lawyer considering taking the case on the come; i. e. on a contingency.

SECONDLY, please observe that you have not just one, but two separate causes of action sounding in tort - defamation and tortious interference with contract. (Remembering that an offer of employment was made and subsequently withdrawn solely due to the civil wrongs complained of.)

You must of course defer to your attorney, but my suggestion is that you give serious thought to filing a suit against your former employer and naming employees John/Jane Does 1, 2, 3, etc. and then proceed to a rigorous course of discovery.

The matter of seeking punitive damages should also be explored.

 

[PayrollHRGuy]

FIRST, do not overlook the strong likelihood of your former employer - with its deeper pockets - being found legally accountable for you damages!

And where have you seen any evidence of such likelihood in the OP's posts?

 

[zddoodah]

FIRST, do not overlook the strong likelihood of your former employer - with its deeper pockets - being found legally accountable for you damages! (Google: respondeat superior - literally, "let the superior the master answer")

Strong likelihood? Based on what? Even the OP doesn't know what the written statement said, and without knowing that, it's not possible to assess intelligently the merits of any claim the OP might have.

SECONDLY, please observe that you have not just one, but two separate causes of action sounding in tort - defamation and tortious interference with contract. (Remembering that an offer of employment was made and subsequently withdrawn solely due to the civil wrongs complained of.)

Guess again. The relationship between an employer and a prospective employee is rarely contractual in nature. Also, "the civil wrongs complained of" are not even alleged at this point. They're imaginary.

 

[FlyingRon]

I do agree that orally is probably a better word to use though.

Unless you're talking out your rear.