I was extended and offer of employment with Company A, who was supplying product to Company B. I previously worked for a sister Company of Company B and was terminated from them. As is the case, the information about me being extended an offer of employment from Company A leaked to Company B, who in turn stated that they would refuse to work with me as a result of my previous termination from their sister Company. Company A therefore decided to recind their offer of employment.

Is this a case of defamation of character by Company B. Do I have grounds to file suit against them for slander and defamation of character?

P.S Company A resides in South Carolina and Company B resides in New York. The sister Company is in Virginia.

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Originally Posted by matthew47

Is this a case of defamation of character by Company B. Do I have grounds to file suit against them for slander and defamation of character?

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Hello mat:

Company B didn't do anything to you except refuse employement which they can legally do, as long as you aren't a member of a protected class of people.

Company A might have slandered you if they lied. If they told the truth, you won't win against them.

Now lets talk about Company C, the sister company where you got fired from. If the leak to Company B was the truth, then even Company C isn't guilty of slander...

However, being guilty has nothing to do with winning or losing a lawsuit.

Most companies have strict policies stating that only the dates of employment are provided. They do that, because when they say ANYTHING else, they are subject to a lawsuit - even if it's a nuisance lawsuit.

Often times these lawsuits are settled long before they get to court. So, if you hired a lawyer, and he threatened ALL of 'em, the money tree might bear you some fruit.

excon

Additional information to what ?

>Threads Merged<

I was injured in an accident. The state has filed criminal felony charges against me and the trial is set for this summer. Company C decided that I intentionally caused he accident myself, believing the state's allegations and thus terminated me on these grounds as stated in the termination letter.

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Originally Posted by matthew47

I was injured in an accident. The state has filed criminal felony charges against me and the trial is set for this summer. Company C decided that I intentionally caused he accident myself, believing the state's allegations and thus terminated me on these grounds as stated in the termination letter.

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And if someone informed someone else of the charges it is not defamation - it's the truth.

Since you've not been found guilty, I question whether Company C rightly terminated you on the basis of pre-trial charges.

The same reasoning applies to Company B's threats to Company A. You are innocent until found guilty in a court of law.

Also, Company B's threat to Company A that they would not do business with them if you were in Company A's employee is malicious and intended to spoil any chances of employment at Company A. This isn't legal.

I hope you become pro-active and consult a pro-active attorney specializing in employee rights.

The verdict is not in yet. You may be acquitted. Firing you on the basis of charges yet to be tried, passing on this information as fact, and threatening a company with future business if your employeement offer isn't recinded affects your ability to enjoy gainful employment and is illegal.

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Originally Posted by pritter

You are innocent until found guilty in a court of law.

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Hello pritter:

Nice try, but you're WAYYYYYYY wrong. I don't disagree with your sentiment above, and if we were talking about what the COURT did, or what the COPS did before his trial, I'd be saying the same thing as you.

But, we're not talking about the court or the cops. We're talking about his employer. His employer, as opposed to the courts, do NOT have to consider him innocent. If they want to think he's guilty, and DO something about it, they are free to do so. He is NOT entitled to a job while the court does it's thing.

I also agree with your assessment of Company B. They DID act in a malicious manner and it WAS their intent to prevent the OP from getting a job there.

But, it's not illegal to act maliciously. Plus, they did have legal grounds for doing so. Unless you have an employment contract, are a member of a union, or are a member of a class of protected individuals, you can be fired for ANY reason, in this country - ANY REASON WHATSOEVER.

excon

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Originally Posted by pritter

Since you've not been found guilty, I question whether Company C rightly terminated you on the basis of pre-trial charges.

The same reasoning applies to Company B's threats to Company A. You are innocent until found guilty in a court of law.

Also, Company B's threat to Company A that they would not do business with them if you were in Company A's employee is malicious and intended to spoil any chances of employment at Company A. This isn't legal.

I hope you become pro-active and consult a pro-active attorney specializing in employee rights.

The verdict is not in yet. You may be acquitted. Firing you on the basis of charges yet to be tried, passing on this information as fact, and threatening a company with future business if your employeement offer isn't recinded affects your ability to enjoy gainful employment and is illegal.

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You are absolutely incorrect by Law - please post your source that "this" isn't legal.

Matthew,

I see no defamation or slander, sorry. It may depend on what Co B actually said to Co A, but I doubt if they said anything actionable.

Co C had the right to terminate you because of the their view of the accident. Even were you to be acquitted in court, they still had the right to terminate you.

If Co B simply told Co A they would not do business with you, that was their right. And Co A had the right to rescind the offer. Even if Co B told Co A that you were terminated from C because they believed you caused the accident, they only told the truth so there is no slander or defamation.

Sorry, this isn't what you want to hear, but it IS what the law is.

Yes, I understand. But does Company B have the right to disclose the fact that I was terminated from Company C? Although they are sister companies, they are definitely different companies doing different businesses. I believe that only Company C has the right to disclose this information to prospective employers if so asked. So if Company B improperly divulged information, which they have access to, but not the authority to, then do I have a case of defamation or slander?

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Originally Posted by matthew47

I believe that only Company C has the right to disclose this information to prospective employers if so asked.

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Hello again, matthew:

There is NO law that prevents companies from sharing information - even if NOT asked. They could get on the phone and volunteer it. You have no guarantee of privacy in the workplace. I don't know what makes you think you do.

WHO says what to who, ISN'T grounds for a lawsuit. It's WHAT they say, and if what they said is the TRUTH, than there's no law broken.

excon

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Originally Posted by matthew47

Yes, I understand. But does Company B have the right to disclose the fact that I was terminated from Company C? Although they are sister companies, they are definitely different companies doing different businesses. I believe that only Company C has the right to disclose this information to prospective employers if so asked. So if Company B improperly divulged information, which they have access to, but not the authority to, then do I have a case of defamation or slander?

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Nope, the only issue here is whether the information passed was accurate. Company C is under no compulsion to keep the information confidential. They can certainly pass the info to Company B if they wish. Company B can then do with that info as they wish.

Sorry my friend, you are grasping at straws here. You have no legal grounds.