Previous employer making false claims of job termination

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Previous employer making false claims of job termination

A previous employer is stating that I was fired, when I resigned the position. What
can be done to stop and correct this? I have heard from several former co-workers
that the company is saying that I was fired.

Asked on April 24, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Claiming you were fired when in fact you resigned may be defamation: the making of a false factual assertion which damages your reputation (since being fired is generally considered a negative). You could warn the employer that if they tell people this, you will sue them for defamation--then carry out that threat if they continue.
Before doing that: bear in mind that most firings (at least if it's not "for cause"--that is, for something very negative, like insubordination, violating clear company policies, crime at work, etc.) allow the employee to collect unemployment benefits, but that if you resign, you are not eligible for them. Before insisting that you quit or resigned rather than being fired, you may want to consider whether that will cost you any unemployment you might otherwise collect.


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