If an employer talks to another possible employer CAN he bad mouth you to the other potential employer?

michr

They may release any truthful, or what they believe to be truthful, information regarding your employment.

What someone says is only slanderous if they know it is false and they said it with the intent to cause harm.

Many employers do have a POLICY to only release certain information but that is policy not law.

I qualify all of the above with "in the US".
ALL legal questions should include jurisdiction (where you live).

Thompson Family

As far as I know, yes, he can say whatever he wants to your potential employer SO LONG AS IT IS TRUE. If he is saying that always showed up late when in actuality you were always early, that could be considered slander I believe (I am not a lawyer). However, if you are in fact always late, it is not slander, just characterization. Most places ask you if they can contact your previous employer, select no if you are having problems with him.

rwa000

if any information given about you is not true than you may have a case , however as long as they are telling the truth it is completely legal, there is no law that says a previous employer can not give a bad reference, as long as the reference is true

Acted~Out

Employment law is becoming more and more employee-friendly. Smart employers stick to the facts such as dates and salaries, and leave the 'reason for leaving" info out, as it is usually objective.

For them to "bad-mouth" they need to "think or believe it is factual and true." So if they said you were a bad employee, they better have a lot of ammo to back it up, like you stole or were late or had poor performance reviews. When it comes to your personal character (NOT performance), it would be best if you had evidence, or people from the jobs you applied at who are willing to testify on your behalf.

If it gets down to a he-said/she-said thing against you and them, it will be hard to really win a lawsuit. Pick a few attorneys who do free consultations, and see if one wants to take your case. It doesn't sound like you have a slam-dunk, but you might be able to find an attorney who is willing to take the case (after a retainer fee), and you'll be able to sue them.
Hope this helps, and good luck.

mailaccount63

yes

Don't waste your time on a lawsuit.....unless you have a lot of time and/or money already.

anaise

It is illegal for an employer to slander any former employee. You do have an right to take it court because he is creating a situation that is keeping you from becoming employed. Make sure from now on that you tell the potential employers to not utilize him as a reference because of what ever issue he has with you.
Employers can only give out dates of when you were employed. They can give opinions but this will run them into hot water.
I had a former employer do the same to me, and I called his sorry a#s and told him he was liable for slander and I would see him in court if he did not contact the potential employer and explain his lies.
Most employers don't know the law and therefore they make horrible interviewers, and HR personnel.

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I believe that by law, the only info. a past employer is supposed to be able to give a potential employer is whether or not you worked there in the past, your dates of employment, that sort of thing. S/he is not supposed to comment on you other than that. However, not all employers follow the law. It would be very difficult to prove that a past employer slandered you unless you had it in writing or had it recorded somehow. Best to just ask a potential employer not to contact your past employer(s) and move on.

hola

I think that the employers are only allowed to ask and answer questions to check whether you were employed by the other employer on the dates that you wrote on your application or resume, and maybe, a yes or no if you are eligible for re hire in the first company.

Please, Talk with a lawyer who deals with employment issues. Also talk with your local Department of Unemployment, to see if you are eligible collect unemployment benefits, if you are, at some point in time, but also they can answer your question, and give you legal help.

Also, some lawyers don't charge a fee for the first consult with them, which is when you would discuss your situation and find out whether you have a case or not.

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