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ronwins3 · Mar 22, 2007, 05:56 AM

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?

Capuchin · Mar 22, 2007, 06:03 AM

Was what was written in the referral true? I don't think you have stated that.

excon · Mar 22, 2007, 06:10 AM

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

ScottGem · Mar 22, 2007, 06:11 AM

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).

AlanKinNA · Mar 22, 2007, 06:13 AM

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.

Fr_Chuck · Mar 22, 2007, 06:17 AM

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 reference is acceptable

excon · Mar 22, 2007, 06:29 AM

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