Ask Me Help Desk - Cease and Desist Letter

I recently sent a cease and desist letter to my former employer after learning from a reputable third party they are defaming me to potential employers. There was no truth to what they are saying and at the time I was let go, was told they just wanted to make a change and that I had done a good job. After my investigation, I learned that HR is lying about me.

I am certain the defamation has hurt my employment opportunities with potential employers because so many have shown an interest and then vanished into thin air. This has gone on for more than a year now.

What can I do to repair my reputation in my industry and gain employment?
Will I be able to sue them in the future as I plan to take legal action once I find employment and can afford legal cost?

If you are going to make those claims and expect to sue anyone... YOU are going to have to bear the burden of proof to prove positively what they say isn't the truth.

They have the personnel records to back it up... and you don't.

Incidentally... unless you had a labor contract and can prove there were no violations... then you were an at will employee and they don't NEED a reason to let you go. That's what At-Will means.. you are there at your will and at theirs.

I think there is a lot more to this you are not telling us.

What are they saying about you more exactly? Next are they false? Is there some truth to it?
Will their records show what they say is true?

To sue, you will have to prove that first they said something, and that what they said cost you the jobs.

You do not have to prove what they have said is false, the burden of proof is on them. That being said, you do have to prove that the defamation was knowingly false and that you were harmed by it.

For example, if they said you stole from them, that's one thing. If they said, you were lazy and unproductive, that's a matter of opinion and hard to prove non factual.

Quote:

Originally Posted by ScottGem

You do not have to prove what they have said is false, the burden of proof is on them. That being said, you do have to prove that the defamation was knowingly false and that you were harmed by it.

For example, if they said you stole from them, that's one thing. If they said, you were lazy and unproductive, that's a matter of opinion and hard to prove non factual.

Thank you for your response. Do to the nature of the matter, I cannot go in to detail, but what they are saying is non-factual. Additional, I never had any disciplinary action taken against me. Even if I did do something, I was never told about it and I was never given an opportunity to correct the behavior or problem, as per company policy. There was certainly no misconduct on my part. I was a supervisor who suffered employee sabatoge. (Employees reporting to HR that I was doing something or wasn't doing something which after an investigation by the same HR person now damaging me said was found to not be true, and that I had employees who simple did not want to correct bad behavior. I was told by HR to continue doing what I was doing). Although I was never told what the complaints were, the HR person is now using some of the non-factual and false comments she gathered in her investigation from employees to potential employers.

I do plan to take legal them as soon as I gain employment and can afford a lawyer. In the meantime, any suggestions on how to undo the damage that has been done and restore my reputation?

Ok, so lets say this HR person said to a prospective employer, that your subordinates complained about you. That you had trouble getting along with your subordinates.

What is untrue about that?

See the problem? Without knowing what was said (and I understand your reluctance to discuss it) we can't judge your case. All we can advise is to consult an attorney who you can discuss the facts with and who can advise you. See if you can find an attorney who might take this on contingency. Because there is nothing you can do to restore your reputation unless you can get a court (or jury) to rule that you have been defamed. Or you can get the company to recant what was said. And I doubt if you can do that without a court backing you up. Maybe the company will fear a lawsuit, fire the HR person and recant her recommendation. I don't know the feasibility of that without knowing more.

Quote:

Originally Posted by ScottGem

Ok, so lets say this HR person said to a prospective employer, that your subordinates complained about you. That you had trouble getting along with your subordinates.

What is untrue about that?

See the problem? Without knowing what was said (and I understand your reluctance to discuss it) we can't judge your case. All we can advise is to consult an attorney who you can discuss the facts with and who can advise you. See if you can find an attorney who might take this on contingency. Because there is nothing you can do to restore your reputation unless you can get a court (or jury) to rule that you have been defamed. Or you can get the company to recant what was said. And I doubt if you can do that without a court backing you up. Maybe the company will fear a lawsuit, fire the HR person and recant her recommendation. I don't know the feasibility of that without knowing more.

Yes, I do understand. However, your response has helped me understand what some of my options might be. Thank you so much.

Quote:

Originally Posted by Lym

Yes, I do understand. However, your response has helped me understand what some of my options might be. Thank you so much.

Good luck and keep us posted. We may be able to answer other specific questions for you.