Months of Slander

[rebekah451]

How much do I have to take, I think it's affecting my wallet!

What is the name of your state? Tennessee is where I was employed but I recently moved to California.


I was propositioned by a company last year to leave my current job to work for them. After the first month the manager began stating that she wasnt going to pay for our overtime we had already worked and so on..... finally the day before our Christmas party she made the same statement but I spoke up. The next day she left for vacation and when she returned she fired me over the phone on my day off.
Problem: After I was teminated I was told by my friend who is still employed there that she told her, along with other fellow employees, that I was forging documents. As recet as last night I spoke to a former resident who says she told him and a few of his family members who are also residents that I was fired for stealing from the company. I would never have done anything like that and it's eating me up that someone would make things up like that about me. When I filed for unemployement there was no mention of either of these things in their appeal, which they dropped before the hearing I might add. I am so furious right now that I dont even want to confront the her or the company except with a civil suit. I am not a sue happy person but I have had a hard time obtaining employement since this and I can only wonder what is being said when references are being called on. Do I have a case, or what can/should I do? [email protected]

 

[Jiggly1984]

You may have some claim against them, but it's pretty unlikely. Here's the breakdown of it:

In your employee file, they have to attest to why you were terminated. Some states require this file be kept for a certain period of time, and that you are able to request a copy of the file (or the company's HR Rules or Standard Operating Procedure may say that employees are entitled to their files) to see what it contains. I would have a friend or contact inside the company get me the Rules or SOP on employee files, or check with an attorney in TN and just ask them if the company has to forfeit a copy of your file to you.

Second, you don't have a slander claim against them for them telling people you were filed for stealing or forging documents or anything like that. However, you may have a privacy claim, as it's usually illegal to share that information with people other than those directly involved in it.

Third, you may have a claim for damages against them if you can prove they are telling prospective employers that you stole from the company or forged documents. In recent years, there has been lots of cases decided against companies who have given employees bad references. Most respectable companies now have policies against giving bad references. They either give your prospective employer a good reference, or "no comment." I would contact some the hiring coordinators for some of the places you've applied, ask why you didn't get the job, and ask if the job reference this company supplied had anything to do with their decision. If it turns out that is the case, I'd fild a suit.

Hope this helps, and let me know if you need anything else.

Eric

 

[rebekah451]

Thank you and that does help a lot. My only concern is that it hinders me in the future. I am the 7th person within a years time to be terminated by her if that gives you any indication of how she works. When I filed for unemployment there was a copy of a write up that she stated was in my file but according to company policy I have to sign after reveiwing this with my superior. It was just an over all bad experience that I want to lay to rest.

I have put in to play a job vereification as of today that was faxed over to her just to see what she is stating. Like I said, that is my main concern and hopefully she will grow up and leave well enough alone. Thanks again!