What can I do about defamation of character from previous employer.

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What can I do about defamation of character from previous employer.

I recieved a job through an elementary
school and was told in writing to put in
my notice. A week later I was called and
told they changed their mind based off
of a reference from a previous employer
who is legally not allowed to provide
any information other than times of
employment. I left the previous employer
due to a hostile work environment and
now they are affecting my career and
future. At this point I am stuck and
unsure what to do from here.

Asked on October 27, 2019 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Defamation is only the provision or statement of factually untrue information. If the information they provided was factually true, even if negative, or was an expression of opinion (e.g. "he/she was a bad employee" or "was difficult" or "I would not hire them") or a value judgment, not a statment of fact, it was not defamation. Only untrue factual statements constitute defamation, and so can be sued over. There is no compensation for true fatual statements or opinions, even if harmful to you. If the statement was an untrue factual statement about you, however, then it likely would be defamation and you could sue.


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