Do I Have A Case Of Deframation or slander?

[rjewkes]

Ok, Here goes In The last 5 or 6 months i have tried to get a job in my local area. N.E. Oklahoma, S.E. Missouri, and S.W. Kansas.

My previous employer has repaetedly told me to list him as a reference. However The hiring manager at one place has told me Emphatically that the Previous employer Has Basicaly Revieled More than yes or no as to wether or not he would rehire me. He told the current prospective employer That "He (Myself) had a phsychotic episode and is prone to having them" I was told by the prospective employer that what he did is illegal. Is this true and what would I sue him for?

Does this one honest possible employer prove he has been doing it all along or is this the only incident i can sue over?

I had a over worked stressed out situation. And he was unwilling to help me then. And gradually cut my hours back. And never actualy fired me.

 

[Michael Wechsler]

Ok, Here goes In The last 5 or 6 months i have tried to get a job in my local area. N.E. Oklahoma, S.E. Missouri, and S.W. Kansas.

My previous employer has repaetedly told me to list him as a reference. However The hiring manager at one place has told me Emphatically that the Previous employer Has Basicaly Revieled More than yes or no as to wether or not he would rehire me. He told the current prospective employer That "He (Myself) had a phsychotic episode and is prone to having them" I was told by the prospective employer that what he did is illegal. Is this true and what would I sue him for?

Does this one honest possible employer prove he has been doing it all along or is this the only incident i can sue over?

I had a over worked stressed out situation. And he was unwilling to help me then. And gradually cut my hours back. And never actualy fired me.

To begin with, did such an episode occur? If the facts are true, it is technically not a defamation claim but possibly a labor related claim. Labor laws might cover this area although frequently the issue as to what information is supposed to be shared is a matter of company policy. Some states have laws, California Labor Code §1050 for example. That law prohibits employers from intentionally interfering with the attempts by former employees to find employment by giving out false or misleading references. In general, however, if you put someone on your list of references, you are basically consenting to have your current employer contact them to have a discussion about the nature of your former employment.

 

[cbg]

Your posts suggests that you are one of the many, many people who mistakenly believe that an employer may legally only give out dates of employment, job title, salary and eligibility for rehire. No such law exists in any state. An employer may legally give out any information that is true or that he honestly believes to be true.

So, as the poster above references, any legal action you might have will depend on whether or not what was said, is true, and/or whether you can support a claim that the information is being given out negligently/maliciously.

 

[Beth3]

The hiring manager at one place has told me Emphatically that the Previous employer Has Basicaly Revieled More than yes or no as to wether or not he would rehire me. So? He can reveal whatever information he wishes to as long as it is factually accurate or represents his honest opinion.

He told the current prospective employer That "He (Myself) had a phsychotic episode and is prone to having them" I was told by the prospective employer that what he did is illegal. Is this true and what would I sue him for? Unless you did behave in a way that most individuals would consider "psycho," then his comments may be negligent and you may have a civil claim against him for slander if you can demonstrate you suffered damages as a result.

Does this one honest possible employer prove he has been doing it all along or is this the only incident i can sue over? All you know is that he allegedly said this one time.

 

[Lulu70]

I know at my work, if someone comes to be rehired we dont have to even give a reason we can just not hire you again. Or based on past write ups or job performance. Basically that more or less you had your chance and we arent giving you another. And when someone calls for a reference we dont give details but if they say "off the record would you rehire this person" I would simple state yes or no, with no details.
Good Luck