** How do I handle nasty comments from former employer?**?

thealphafemme

First of all, there ARE laws on the books...

Defamation
Slander
Blackballing/blacklisting
Discrimination
Retaliation

It just all depends on who is saying it, who they are saying it to, what they are actually saying, and if there is any truth behind it.

Defamation and Slander are the most common lawsuits against employers and is the reason why so many employers only give "name, rank, and serial number" when giving references because they don't want a lawsuit against them for speaking about someone's character and having to prove it.

HOWEVER, if what an employer is saying is true (regardless of how nasty) and they can back it up with documentation, you don't have any options. It's only in the event they are saying false or intentionally malicious things about you (that are damaging, i.e. keep you from getting a job) that you could pursue damages for defamation or slander (one is written and one is verbal - that's the only difference between the two).

The actual laws behind discrimination will be the same as in the workplace (race, ethnicity, gender, religion, disability, age {over 40}, pregnancy, etc).

Retaliation is if they fired you (or are now badmouthing you) for reporting them for doing something illegal or something along those lines...

And blackballing/blacklisting - i.e. trying to keep you from being able to get another job is usually a state law, will be specific from state to state and unfortunately, usually doesn't have much teeth. For example, in Oklahoma - it's a $500 fine... ouch, right?

Again - given my questions above of the who, what, when details... you may have legal recourse, but then again - you need to assess whether its worth your time and money to pursue. If you feel like you have a case - you might go to the local EEOC office and they may file on your behalf (and save you the change), direct you to the local Department of Labor, or if nothing else, give you basic advice on if you have a case and/or issue a right to sue letter on your behalf if they don't feel they have enough for them to take the case on, but its something you still want to pursue.

And worse case, you just ask that they not be contacted for references.

Good luck!

Rick B

Tell her what you just told us.

Katze

Give your ex-boss a call and let her know exactly what you have heard. Lets see what she has to say, maybe it is not true what you have heard. If she admits to it, contact Human Resources and let them know what's going on. Your boss will get written up for it.

mego

love them anyway

Harrison

I would ask her why she is talking about me behind my back and also remind her about how hard I(you) had worked for her.

ANGEL Baby

Is the former employer making the remarks to prospective employers? If so, then you do have recourse.
Is she just making the remarks to people you know? In this case, I would phone her and ask to meet her with a third neutral party present.

I would politely ask her to refrain from making false statements about me unless she would prefer to speak to a labor mediator. (I am assumming you are getting unemployment benefits from being laid off?)

redvelvetflames4ever

Question is who is she making these horrible comments to? Former co-workers or to prospective employers? Unfortunately, there is no law on the books that forbids a former employer from doing this although there are a few cases out there where the former employer has lost for doing this. If I were you I would actually contact her and ask her to give you a letter of recommendation. If she refuses to do this then say to her I sincerely hope all of the derogatory things I have heard you are saying about me does not reflect the type of recommendation you are going to give me. I always thought we had a wonderful relationship and would hate to pursue any legal action against you and (company name.)

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