Do I have a potential case?
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Do I have a potential case?
I recently worked for a business 2 times, both times I willingly left. The last time I had worked there I called in on a Thursday evening due to a personal matter. She approved and then I texted her later that day informing her of what happened and she said that was an invalid excuse and that I was terminated for no show. I told her if that is how she feels I cannot change it. Later that evening she texted me saying sorry she made a mistake and was just irritated and that I could show for work on
Monday, well I texted her back at first and said OK, however then truly though about it and sent her another message saying I think it would be best if I didn’t work there anymore. Well, a potential employer comes up for me and they ask to contact my previous jobs. Well, I contacted her and asked if it was OK to contact and she said yes I verified my last offered wage and she said yes, along with employment date. So, after that I talked to a previous co worker who sent me an email of something the boss had sent her, she lied about my employment dates in the email and my wages and said I was terminated. I feel like this will prohibit me from getting the job and that she will get away with lying. I have been very ill over this lately because I really needed that job. Do I have a case?
Asked on February 24, 2017 under Employment Labor Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Telling another person a factual untruth (not just an opinion; it has to be a fact, like about dates, which is untrue) which damages your reputation and/or causes you economic harm (like by losing a job) may be defamation. You could sue a person for doing this and possibly win compensation. Wait to see if it harms you--that is, if it seems to cost you the job or not. (The law only provides compensation for actual harm, so if you are not hurt, there is no lawsuit.) If it does, speak to a personal injury attorney (the same lawyers who handle slip-and-fall cases or auto accidents do defamation cases) about possibly suing.
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