What to do if my old employer told my new employer that the reason I was fired was because of stealing but I was told me it was because of of a “last one hired, first one fired” policy?

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What to do if my old employer told my new employer that the reason I was fired was because of stealing but I was told me it was because of of a “last one hired, first one fired” policy?

Is there anything I can do legally?

Asked on December 26, 2012 under Employment Labor Law, Arkansas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Depending on the effect of his statement and how far you need relief, you have a couple of different options.  The first is to have an attorney send a cease letter to your former employer.  Usually an attorney letter threatening a defamation suit will quell a bitter former employer.  If your current employer has taken action because of the statement or if you have suffered some other injury because of the statement, then you may have a very good defamation suit.  You may also have an additional cause for his interference with your employment relationship with your current employer.  Before you file suit, you may want to get a copy of your records if you filed an unemployment claim.  Theft would be a "for cause" reason.  If they listed reduction in force or layoff as the reason for the discharge, they are now legally stuck with that explanation and that would be very good evidence to use in your defamation suit. 


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