Slander -Alternative Resolution?

[Karma]

What is the name of your state? CA

I left a contract (at will staff) position at a large company. I was to get a new manager whom I have worked for in the past. I decided to take some time off for personal reasons and gave the proper 2 weeks notice. Left on good terms. A couple months later, I had several offers from other departments in the company-- they were rescinded the next day. He foiled those positions by applying political pressure. Although I left before I would have reported to him, he lied about my performance and is trying to get me blacklisted because he felt that my leaving caused him a lot of trouble and he took it personally as if my life revolves around him. So his slander has directly impacted my ability to obtain work with that company.

So, I'm not into lawsuits and slander cases seem to be more effort then its worth. Are there any effective alternatives to stopping his campaign against me or at least legally letting him know that he is a jerk?

All advice is appreciated.

 

[xylene]

So his slander has directly impacted my ability to obtain work with that company.

---

All advice is appreciated.

Obtain work at another company.

 

[Karma]

agreed. but unfortunately, I work in a very small industry and most positions in this area would be with a vendor to this company and I'm trying to prevent more opportunities lost.

So be it. alright, so I'll have to change industies too

 

[Belle360]

Letting this person know that he/she is a jerk will really solve nothing! Yes! Slander/Libel Lawsuits are very costly, sometimes hard to prove, and can drag on for years before a resolution is reached! Best bet- Secure another position within a different company and move forward!

 

[Karma]

Thanks for the feedback. I'm glad there's sites like this to help get some perspective because friends had emotional responses and told me to sue. I guess it's easy to confuse personal injustice w/ social injustice.

 

[joe_legal]

Aren't there companies that will call up your former employer, get a reference from them, and if it is negative, file a cease and desist order?

 

[cbg]

A negative reference is not, in itself, illegal. An employer is allowed to give his honest opinion of an employee even if it is negative.

A cease and desist order can occasionally be granted if the information that is presented is FALSE; for example, if the employer were saying that the employee were fired for stealing when that is not the case. But just a negative opinion? It's doubtful.

 

[Belle360]

Yes! Some Laws have changed over the past few years. It used be that former employers were basically allowed to give information on dates of employment, What your position was, and weather or not you resigned or was asked to leave. Now, in most states a former employer is permitted to answer specific questions from a potential employer as long as it is TRUE. This can prevent Negligent Hiring, lawsuits for the new company. You don't have much recourse in your situation.

 

[cbg]

It has NEVER been the case that the law limited employers to dates of employment, etc. It has ALWAYS been legal for an employer to provide additional information.

I realize that a great many people, including a great many employers, honestly believes that the law limits them like that. But it does not and it never has.

What has changed, is that employers have begun to realize two things; one, that the chances of being successfully sued for a true but negative reference are actually quite slim and two, that as long as they don't provide any information, no one is going to give any information to them when THEY are trying to get references.

But never, at any time, has there been a Federal law or a law in any state that prohibited an employer from giving true reference information, be it positive or negative.

 

[joe_legal]

Yeah, but the COST of being sued and defending yourself is not worth it to a company just so they can give a poor reference. Why invite expensive lawsuits when all you have to do is tell your HR department: Start date, End date, and Job Title, that's it.

 

[cbg]

Joe, as an FYI:

A couple of years ago I attended a seminar that addressed this exact question. The leader asked those of us attending the seminar (and there were at least 200 present) if any of us had ever been sued for a negative reference. Not one person had been. She then asked if any of us knew anyone who had been. No one did. She said she had been asking that question for five years and only one person had even heard of anyone who'd BEEN APPROACHED about a lawsuit. ONE person had received a try-on letter, which did not, ultimately, result in a lawsuit.

The fact is, barring an outright lie (Joe was fired for stealing, as opposed to Joe quit to start his own business) the chances of an employee prevailing in such a suit are so slim that most attorneys won't even bother writing a nasty letter.

An employee who earns a negative reference deserves one.

 

[BelizeBreeze]

Did someone leave the door to the grade school open? Where in the hell does this crap (not you dear) come from?

To Karma; you have absolutely no case for libel. You have absolutely no case for slander. You might have a case of Pinot Gricio depending on where in california you reside but that's about it.

The MOST i can offer is that you write a letter to the head of Human Resources asking (nicely...and for those who know me, that was painful) that the manager to whom you never reported refrain from making allegations without merit and that any future reference calls be based solely on your work record and originate from personnel.

but then, they can thumb their noses at you so it's really a wash.