Compel Information?

[skibum1723]

What is the name of your state? CA

Hi,
I have a possible case where I need information from an involved party (not a defendant, more of a witness) to determine if I have a slander or intentional misrepresentation case.

Essentially, a vendor of my old company is suspected of offering deliberately untrue information in order to prevent my hiring at a new company. The vendor also works with this new company, and so the new company took their word as truth. The lie prevented me from being hired.

I can also prove this vendor knew the information was untrue.

So I know WHAT lie was told to my prospective employer, I just don't have confirmation of WHO actually told them the lie.

I have asked the prospective company who told them the lie (via e-mail,) and they have not responded. I can't find an attorney willing to take the case unless I have a defendant, although several have told me if it does turn out to be this vendor as I suspect, that it is textbook defamation as it could not be construed as an opinion...it was not a subjective topic.

Here's my question: Is there any way I can compel the new company to disclose who told them this lie? I need to know, because aside from the fact it cost me a great job, this vendor is in a position to affect my reputation in the industry as a whole, a reputation that is essential to my success. If it is them, I need to stop the story from being told to anyone else.

Plus, then I could hire an attorney to see if I want to pursue legal recourse (not sure I want to do that).

Any advice on getting this new company to talk would be great. I just want them to give me a name, and then if I choose to pursue damages that they give a truthful deposition outlining what they were told. That's it.

Ideas? Thoughts? Moral support?

Thanks!

 

[meganproser]

Are you sure someone in the new company will testify to what they were told? Or will they have a memory loss? It sounds like someone in the new company is your ONLY witness and there is no sense doing anything unless you are SURE they will testify for you.

 

[skibum1723]

Possibly

You never know, the new company could suffer from some sort of short term memory loss.

However, the contact at the new company told an independant recruiter this was the reason my interview was cancelled and it was why my application would no longer be considered.

Plus, I also believe this contact at the new company would tell her boss, since I was supposed to meet her boss that afternoon. She likely would have told him the story as an explanation as to why he wasn't going to meet with his really great prospect. After all, she got me on his calender last minute because she was "so excited" about me.

So she told multiple people, and one for sure did not work for her company. Yet, the recruiter may want to play mum too, since they were doing the search for the company, not for me.

 

[skibum1723]

Clarify

At this point, all I want her to do is tell me who told her the lie. She's a smart woman, and also nice. I would imagine their legal counsel, if she was actually deposed, would instruct her to be as forthcoming as possible. After all, why would they want to risk anything by lying or withholding info, especially with the outside recruiter having been told the story? Their relationship with this vendor wouldn't be worth it, I wouldn't think.

Plus, there might be e-mail communication regarding all of this, either inbetween the teller of the lie and the new company, or the new company and the recruiter.

But I dunno. This whole thing sucks, but I am determined to at the very least clear my name and prevent this vendor (assuming it was them) from ever defaming me again.

And thank you for reading

 

[meganproser]

Alrighty then, what you have to do is file a suit against “John Doe”. Once you get your complaint filed, you will be able to subpoena records and depose witnesses.

 

[skibum1723]

Thank you

Since all the attorneys I've spoken with have refused to consider it unless I know who said it, perhaps I'll self-file. My dad's a lawyer (by degree at least, he's in business now) and my brother is in law school. Between the three of us, we could probably file on our own. Based upon what I already understand, I'm pretty positive they couldn't get the case dismissed with a demurrer, given that "if true" my complaint meets the criteria for at least slander per se.

After I got the infomation I sought, then I'd be able to bring in an experienced employment or slander lawyer to do what he does best. Although at that point it almost seems a little like giving a baker a cake after it's already been put in the oven. But at least he'd know how to frost it better than me, my dad or my law student brother

Thanks again for the advice. I didn't really want to file a suit in order to have to get the information, because I am undecided on whether or not I want to sue. But, I'll do what I have to do. At the very least this behavior by whomever is telling this story has to be stopped.

Thanks!

 

[meganproser]

It should be a bare bones complaint because you will be permitted to amend it once you’ve discovered the identity of the defendant. Just make sure you allege all the elements for each of your claims. You may want to do some research on a tortuous interference claim.

Many of the courts have a sample complaint on their web site for Pro Se parties to use. Since this situation involves only ONE incident, it should be quite easy to fill out a complaint. Then, you pay the filing fee (usually under $100.00 for State Court) and voila’, you have a case on the docket. It’s definitely NOT brain surgery!

“it almost seems a little like giving a baker a cake after it's already been put in the oven”

You will only have assembled the ingredients. The cake will still be a long way from going in the oven!

 

[cbg]

Short of a subpoena, an employer cannot be compelled to tell you who said what in a reference. In fact, in some states, employers are forbidden by law, specifically, to let you see reference information. I'm off-site and can't access my materials to see if your state is one of them, but without a court order you CANNOT force the new employer to tell you who told them what.

 

[skibum1723]

Thank you cbg. I wonder if this would fall under references, given that it was not my former employer telling the lie. It was a vendor, and they had no business offering up the details of my former employment, especially if those details are not only really negative, but false in an absolute sense. I told my old boss what was said, and she choked and said "yeah, do you want a side of revenge with that spite?" (she too agreed it was most likely the vendor who said it).

That being said, this new company may feel some duty to protect their communications with the vendor, since they work together closely. So we'll see. I'm still unemployed, so at least this gives me something to do.

 

[cbg]

It's still a reference, regardless of whether it came from a former employer, a vendor, a client or your brother in law. Any information on you, regardless of where it came from, is still a reference. The law does NOT say that references can only come from former employers, and it does NOT limit the new employer to only the names you give them. They can legally obtain reference information from anyone who knows you.

 

[skibum1723]

okay

thank you...appreciate the help.