What can be done if an ex-employer isn’t holding up to their end of a termination agreement?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can be done if an ex-employer isn’t holding up to their end of a termination agreement?

My wife resigned from a school system rather than facing termination hearings over made up claims. She was given a written agreement that said the school system would give her favorable/neutral references to future employers and take out anything in her file that was negative. It’s been over 3 years but she still hasn’t landed a new job with a school system. Her resume has been reviewed by administrators at a higher level and they all say it’s very impressive. I believe the old administration may be slandering her name verbally so there is no paper trail. How can this be proven and what can be done about it?

Asked on August 13, 2019 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There are two different issues here.
Legally, the termination agreement is a contract; it can be enforced in court via a "breach of contract" lawsuit if necessary. If the former employer is violating the agreement, your wife can sue them for monetary compensation (e.g. reflecting the income she has lost due to their breach) and/or a court order that they honor the agreement.
But you have to be able to prove the case; since your wife would be suing, the "burden of proof" or obligation to prove her claim would be on her. If everything is done orally (that, not "verbally," is the correct term for "not in writing"), then your wife can only prove her case is someone who heard or received the negative review or defamation is willing to testify about it.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption