Someone is spreading malicious rumors to employer

[alexialawson]

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

To keep the background brief, there is someone who very severely dislikes me. I was recently employed as an independent contractor last year, and was let go due to "numerous complaints against my social media usage" (which was in no way tied to the company I was working for, and the complaints made were nonexistent). Regardless, I could not prove the complaints against me were made by this specific person (despite numerous he said she said accounts), I took my being let go as calmly as I could. Fast forward a few months, and a friend of mine, whom this malicious person also does not like, had received the same complaints against him sent to his employer. However, the complaints made were lies ("X made a twitter account impersonating me and making me look like a fool" or "X has been bullying me on twitter", etc). When it happened a second time, my friend's manager named the author of the complaints as the person who does not like us.
My question is this: I am trying to obtain a new job with a different employer. However, I am afraid that this person will catch wind of my hiring and do the same thing she did to my friend (and, I believe, to me the first time). Is there legal action I can take, should I speak with my employer, or should I do nothing and hope that my new employer is understanding and will come to me first before believing in these "complaints"?

 

[Proserpina]

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

To keep the background brief, there is someone who very severely dislikes me. I was recently employed as an independent contractor last year, and was let go due to "numerous complaints against my social media usage" (which was in no way tied to the company I was working for, and the complaints made were nonexistent). Regardless, I could not prove the complaints against me were made by this specific person (despite numerous he said she said accounts), I took my being let go as calmly as I could. Fast forward a few months, and a friend of mine, whom this malicious person also does not like, had received the same complaints against him sent to his employer. However, the complaints made were lies ("X made a twitter account impersonating me and making me look like a fool" or "X has been bullying me on twitter", etc). When it happened a second time, my friend's manager named the author of the complaints as the person who does not like us.
My question is this: I am trying to obtain a new job with a different employer. However, I am afraid that this person will catch wind of my hiring and do the same thing she did to my friend (and, I believe, to me the first time). Is there legal action I can take, should I speak with my employer, or should I do nothing and hope that my new employer is understanding and will come to me first before believing in these "complaints"?

What kind of social media usage would tip the balance between "hire" and "no hire"?

 

[RRevak]

What kind of social media usage would tip the balance between "hire" and "no hire"?

Sadly, many of them these days. I've even heard of potential employers give their social media information for "inspection" pending job offer. Its sad

 

[Proserpina]

Sadly, many of them these days. I've even heard of potential employers give their social media information for "inspection" pending job offer. Its sad

True enough - but would it not be much easier for OP to simply remove the material?

 

[RRevak]

True enough - but would it not be much easier for OP to simply remove the material?

Sorry I meant I've heard of potential employers asking those they interview for their social media information as a prerequisite for hiring. On the surface that seems fine n dandy. But the problem with that is there is no real way of telling what will be considered material that would make or break a hire and what won't. One could think their "I love pit bulls" post is cute and awesome while a potential employer may have a child who was attacked by a pit bull, see that, and think no way Jose. Unfortunately the law says that's ok.

 

[quincy]

Sorry I meant I've heard of potential employers asking those they interview for their social media information as a prerequisite for hiring. On the surface that seems fine n dandy. But the problem with that is there is no real way of telling what will be considered material that would make or break a hire and what won't. ...

Over half of all states now have laws, or have introduced laws, that prohibit an employer from requiring an employee or prospective employee from having to submit personal passwords or other personal social media account information as a condition of employment. You can take a look at the National Conference of State Legislatures website for a list of introduced or pending legislation related to employers and employee social networking sites: http://www.ncsl.org/research/telecommunications-and-information-technology/employer-access-to-social-media-passwords-2013.aspx

This allows for any employee or prospective employee to password-protect any and all personal online information from access by an employer. All individuals should know enough to clean up their online images so that an employer (or anyone, for that matter) cannot judge them by what they find.

alexialawson, if there is an individual whom you have identified as being responsible for spreading defamatory rumors about you or creating phony online profiles under your name, then you have options, if these rumors or profiles have affected your employment in a demonstrable way.

The key in your situation, however, would be knowing for sure who is communicating the falsehoods, and knowing exactly what it is that is being communicated about you. Not all falsehoods are defamatory - some are just mean. And suspicions and speculations alone are not enough to support any legal action.

 

[alexialawson]

What kind of social media usage would tip the balance between "hire" and "no hire"?

The social media usage in question, for my specific instances, was twitter, both from my being let go and the complaints made against my friend. However, questionable "tweets" were not the only complaints made against me or my friend (she had much earlier spread a "rumor" that I beat her up in the bathroom at a local sporting event; it's all very high school drama).

 

[quincy]

The social media usage in question, for my specific instances, was twitter, both from my being let go and the complaints made against my friend. However, questionable "tweets" were not the only complaints made against me or my friend (she had much earlier spread a "rumor" that I beat her up in the bathroom at a local sporting event; it's all very high school drama).

You are right. It is all "very high school drama."

There is no legal action you can take to prevent someone from tweeting lies about you. If the falsehoods are defamatory, you can consult with an attorney in your area to review your options. If you know who it is, sending a "warning letter," or cease and desist (best sent by an attorney for effective impact), can be a relatively simple solution.

In the meantime, refrain from communicating to others your employment searches - especially online.

Good luck.

 

[alexialawson]

You are right. It is all "very high school drama."

There is no legal action you can take to prevent someone from tweeting lies about you. If the falsehoods are defamatory, you can consult with an attorney in your area to review your options. If you know who it is, sending a "warning letter," or cease and desist (best sent by an attorney for effective impact), can be a relatively simple solution.

In the meantime, refrain from communicating to others your employment searches - especially online.

Good luck.

No, she is not "tweeting lies about me". She is calling employers claiming my friend and myself are tweeting things about her, which is a lie. She is physically making an effort to contact our employers, lying to them in order to put us in a bad light in the hopes that our employer will fire us (as happened to me earlier).

 

[quincy]

No, she is not "tweeting lies about me". She is calling employers claiming my friend and myself are tweeting things about her, which is a lie. She is physically making an effort to contact our employers, lying to them in order to put us in a bad light in the hopes that our employer will fire us (as happened to me earlier).

Ah. My mistake. Sorry. The possible solutions to your problem seem to remain the same, though.

If you know for a fact that someone is telling lies about you to your employer(s), and you know for a fact who this someone is, then you can have an attorney draft and send a letter to this person, advising her to knock off the telling of lies or legal action may be taken against her.

The attorney you speak to can provide you with other possible options (for instance, if this is a continuing problem, a civil harassment suit may be a possibility and, if you have had your reputation severely damaged to the point where you have lost a job and can demonstrate it was caused by the lies, and you have a lot of time and a lot of money to spend on a suit that may or may not be successful, then you could possibly file a defamation lawsuit).

Again, however, simply not making known to others your future job plans could potentially stop this person from contacting any future potential employer. Distance yourself from this person as much as possible and she may eventually tire of her games. I am actually surprised that any employer would believe such nonsense anyway, but nothing generally prevents an employer from firing someone based on false tales told.

Good luck.

 

[cbg]

Alexis, as someone who has spent more than 30 years in HR, I can tell you that very few employers are going to give two hoots whether you are tweeting things about this woman or not. Whether your former employer fired you for this or not, the large majority of employers are not going to pay any attention. If she calls, they will say, "Thank you for calling, goodbye," hang up the phone, and go on with what they were doing. One in five might call you down and ask you what's up, then send you back to work after you explain. I would say that unless she makes repeated calls to the same employer, less than one in a hundred will take any action against you. And if she's making repeated calls to the same employer, then a cease and desist letter from an attorney is definitely worth considering.

Until then, stop letting her rent free space in your head.