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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 54567
Experience:  32 years of experience practicing law and a businessman.
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Hello, I wondr if this is defamation. Here id a letter that

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Hello, I wondr if this is defamation. Here id a letter that my reference company sent me:_ _Attached you will find the completed reference check report for Tropicare Services.__ __I first asked to speak to Mr. Manassa but was informed that he is no longer there. I then asked to speak to someone who could verify your employment. I was referred to Ms. Barber in HR. She did let me know that you are not eligible for re-hire yet would not tell me why. She stated that she didn’t want to “get herself in trouble”. This comment left me with doubts about the circumstances surrounding your departure. A potential employer might see this as a red flag. Consequently, I believe that this is not a very good reference.__ __Please let me know if you have any questions.__ __Regards,
Submitted: 6 years ago.
Category: Business Law
Expert:  Richard replied 6 years ago.

Good afternoon. Here's the thing....To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication. If you left with no issues so that the implication was false, then I do think you have a case for defamation. If, on the other hand, there were issues with your departure such that these comments could be construed as true, you would not satisfy element (i).

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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