Question
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Mar 22, 2007, 05:56 AM
| | New Member | | Join Date: Mar 2007
Posts: 1
| | | bad job referral, is this slander? Hi, my wife recently received a bad job referral from a previous employer who is trying to keep her from getting hired by a competitive business. The new prospective employer said had it not been for the referral, they wanted to hire her. What recourse do we have? | | | | | | |
Answers
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Mar 22, 2007, 06:03 AM
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#2
| | Science Expert
Join Date: Oct 2006 Location: UK
Posts: 4,857
| Was what was written in the referral true? I don't think you have stated that. |
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Mar 22, 2007, 06:10 AM
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#3
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 9,190
| Hello ron:
Probably wasn't slander, and that's good because slander is very hard to prove. But, it certainly could be a tort by any number of different names. I would visit an employment attorney.
excon |
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Mar 22, 2007, 06:11 AM
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#4
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 25,179
Pay to call ScottGem for advice ($.75/min) | If the reference was factual you have NO recourse. If they lied you can sue for slander or libel (depending on whether the reference was verbal or written). |
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Mar 22, 2007, 06:13 AM
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#5
| | New Member
Join Date: Mar 2007
Posts: 7
| Quote: |
Originally Posted by ronwins3 Hi, my wife recently received a bad job referral from a previous employer who is trying to keep her from getting hired by a competitive business. The new prospective employer said had it not been for the referral, they wanted to hire her. What recourse do we have? | If you know the words spoken by the former employer, and you would claim they are not true, I am sure you could make record of a protest to the (false) statements. If the statements by the employer are true, unexagerrated, then... how can you deny them? Hope that doesn't hurt. |
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Mar 22, 2007, 06:17 AM
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#6
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 27,670
| A job referral as long as it is true can be done, If they are lying, then you have a case, But you will have to prove what was said, and also prove it is a lie.
As long as it is true, a bad job refference is acceptable |
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Mar 22, 2007, 06:29 AM
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#7
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 9,190
| Hello again, ron:
What has been said here, is true. If your wife was a nogoodnik, then you don't have a legal claim. However, you state quite clearly that your wife was badmouthed to keep her from working for a competitor.
IF that's the reason (and I believe you), then she DOES have a case. If you sued for slander, then the specific words they used will come into play. You're going to have find out exactly what those words were (not an easy task), then you'll have to prove the words weren't true (an even harder task).
That's why slander isn't it. Defamation of character might be it (your lawyer will give it a name). But, it doesn't matter what you call the tort. What matters is that you kick that liars butt.
excon |
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