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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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How do I protect myself from unwarranted by job reference given internal to a company

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Last year I finsihed a contract at a big medical company local to where I live. I performed excellent service, as was told by the project manager to 2 other witnesses. I was offered fulltime employment, and turned it down. Another contract did the same, he also had good standing. This large company is one of just a few in our market that is currently hiring. This company is so big, it represents probably 40% of our IT market, and 80% of the active IT market (that is hiring).

I have strong "spoken" evidence that my former project manager is purposelyfully giving negative reviews of my service to other hiring managers within this company. This has significantly hurt my ability to get work.

Do I have any legal protection here.



When a former employer gives false reviews or reports about a former worker that employer may be sued for defamation and for any damages such defamation may have cost the former worker, such as lost work. Defamation through poor, untrue, references are discussed here.



Customer: replied 7 years ago.

Do these laws still apply, when the defamation occurs within a company. I'm currently trying to get back into United Health Care (the big company), and this defamation is occuring within the same company. Are there different rules for "within the same company" - hiring manager to hiring manager?


How are these things to prove?


By the way, the motiviation for this defamation, is the project manager feels slighted, that I didn't convert to a fulltime employee.


Please help.



There should not be any reason to deny defamation when it occurs within an organization versus when it occurs between two different organizations. As long as the elements of defamation can be proven (a falsehood, which has harmed reputation, and which would normally be seen to have such effect, and, if malice can be shown to have been intended additional damages may be possible, and a resulting harm has occured to the person defamed), then a claim may be made. However, proof is, as with any case, a matter that should be considered. If actual wirtten documentation of such defamation cannot be obtained then other evidence, such as witnesses, may need to be obtained. How easy or difficult that can be will require an intimate reveiw of the entire situation. To properly conduct that you would need to speak to an attorney in your state.



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