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    sbabola's Avatar
    sbabola Posts: 4, Reputation: 1
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    #1

    Feb 2, 2012, 06:05 PM
    Can I sue past employer for defamation in ny?
    Hi I recently started a new job and after three weeks they called former employer.I gave previous employer two weeks written notice and was told by human resources that I was a good employee before leaving.Well my new boss called previous employer (not sure why but she told me she knows someone there)and was told I had a bad attitiude,was hard to work with and probably would have been fired anyway.Is there
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 2, 2012, 06:13 PM
    Was anything that was said provably untrue? Doesn't sound like it to me. Is your new job in jeopardy?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 2, 2012, 09:14 PM
    If that was your old bosses real opinion of your work, there is nothing illegal about him saying that. Next if you did not lose your new job, then there is not even a loss to sue for.
    sbabola's Avatar
    sbabola Posts: 4, Reputation: 1
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    #4

    Feb 3, 2012, 05:15 AM
    OK I've been emailed I have two answers but I'm unable to see them?
    sbabola's Avatar
    sbabola Posts: 4, Reputation: 1
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    #5

    Feb 3, 2012, 05:19 AM
    If I do lose my new job because of this can I sue?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 3, 2012, 05:43 AM
    Quote Originally Posted by sbabola View Post
    If I do lose my new job because of this can I sue?
    Not unless you can prove what he said was untrue and malicious. And that would be difficult to prove since what it appears he said was opinion. How big was the former employer? If it was a large company with an HR department and the person who was talked to was just your immediate supervisor, you MIGHT be able to make a case. But if they talked to the company owner or head, it would be highly unlikely.
    sbabola's Avatar
    sbabola Posts: 4, Reputation: 1
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    #7

    Feb 3, 2012, 05:51 AM
    Well the company does have a HR dept.I believe they talked to CEO who I had very little interaction with.The company changes employees like socks and I think they are actually bitter because I chose to leave instead of being terminated on a whim like so many of their past employees.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 3, 2012, 07:10 AM
    Until you have a monetary loss you have no cause of action - that would, of course, include the loss of employment.

    IF you lose your employment you would have to prove that you lost it because of what was said, not because of your performance on your new job. Of course, that will be very difficult to prove. Your second employer would be a fool to say you were fired for no reason other than what the first employer said.

    Why did employer #2 call employer #1 in the first place - unless #2 is somewhat dissatisfied with your performance?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Feb 3, 2012, 09:27 AM
    I would go back to your supervisor and tell him that you have no idea why the CEO said those things. That you have very little interaction with him while you were employed there. If you can get your direct supervisor to give a reference that would counter it, it may help.

    But you really have little recourse otherwise.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #10

    Feb 3, 2012, 09:33 AM
    Quote Originally Posted by sbabola View Post
    OK I've been emailed I have two answers but I'm unable to see them?
    https://www.askmehelpdesk.com/corpor...ny-632765.html

    What do you mean. 2 e mails. We don't commuicate our answers like that. Clik on the link above.

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