What is my recourse if a colleague from my old job contacted my new employer and told them not

to hire me?

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What is my recourse if a colleague from my old job contacted my new employer and told them not

to hire me?

It was false information. What can I do?

Asked on August 2, 2017 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general matter, any person--including a former colleague--can contact your prospective or new employer and offer their advice or opinion to not hire you. So the issue is whether this was defamation: if it was defamation, you could sue your former colleague; if not, there is nothing you can do, since anyone may make non-defamatory statements.
Defamation is making a false factual statement about you to another person, which statement damages your reputation. The key is, it must be a false fact: true facts, even if damaging, or opinions, even if negative, are not defamation. Examples:
1) You had a habit previously of using most or all sick or vacation days each year.  If your colleague told the employer that you are likely to be out as many days per year as you have sick or vacation days, that is not defamation because it is true.
2) The former colleague said he thought you were "nasty" or "untrustworthy" or "lazy." That is not defamation, because it is an opinion or personal judgment, not a factual assertion.
3) But if the former colleague said you had been fired "for cause" when you had not been (e.g. you were not fired for violating policy, insurbordination, absenteeism, etc.), that may well be defamation because it is a false factual assertion about you.
If you want to explore a defamtation suit, consult with a personal injury attorney: the lawyers who do slip-and-fall cases are generally the ones who also handle defamation. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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