What can I do if I was terminated for being wrongfully accused of buying narcotics at work and my former employer is now badmouthing me to prospective employers?

UPDATED: May 26, 2014

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What can I do if I was terminated for being wrongfully accused of buying narcotics at work and my former employer is now badmouthing me to prospective employers?

This is absolutely untrue and when I asked where this information came from, my employer said she heard it from another employee. I have received a voice recording of the owner telling a potential employer, when they called for a reference, that she fired me for dealing in narcotics at the business and that she had spoken to the local police and was told she had no proof other than hear say and no proof on video she had them go over. I did not get this or any other job I have applied for since. I want to know what can be done legally and if it is legal for me to offer her the option of settling with me outside of legal action.

Asked on May 26, 2014 under Personal Injury, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue your former employer for defamation and wrongful termination.  These are separate causes of action (claims) in your lawsuit.

Defamation is a false statement made with knowledge of its falsity communicated to a third party, who recognizes the defamatory content and the statement is injurious to your reputation.

Libel is written defamation.  Slander is spoken defamation.  Each time the false statement is repeated is actionable as a separate claim of defamation.

Your damages ( monetary compensation you are seeking in your lawsuit for defamation) would include mental distress, loss of friends and associates, lost income and if applicable, medical bills from physical illness or mental distress.

Your damages for wrongful termination would also include lost wages.

Although you may be able to settle the case with your employer, if that is not feasible, file your lawsuit.  If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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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