Is it legal for a former boss to lie about me when someone calls them for a reference?
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Is it legal for a former boss to lie about me when someone calls them for a reference?
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Do I have any legal recourse in this situation?
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Charis P
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If your former employer lies about you when someone calls them for a reference and it is a lie that casts you in a negative light and makes you appear undesirable for employment then it would constitute defamation and you would have a civil case against the employer for slander, the oral form of defamation. They key obstacle to overcome would be to prove that your employer made the statement to a third party, i.e. the person who called for the reference.
This could be established by securing that person's testimony by sworn affidavit and if necessary by testimony in court if the action should proceed to trial. In some states you can also trap the former employer in the lie by using another third party and recording the conversation for evidence (the legality of single party consent to recording phone conversations varies from state to state).
You can probably contact your state bar association for recommendations for lawyers that have experience in labor law and defamation, and there may be some among them that would be willing to offer you a free consultation to assess the merits of your case.
Good luck. |
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rwa000
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it is illegal to give false information, but is not illegal to give a bad reference if is true |
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