How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask wallstreetfighter Your Own Question

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15825
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

An employment verification was made with possible new employer,

Resolved Question:

An employment verification was made with possible new employer, reference check person from former job and said, 'all kinds of bad stuff regarding my character and clinical judgements, in which they have no supporting evidence or proof of'. is this a violation of the employment verification and defamation of character. this will affect my career by making it harder for me to find work. i want to at least clear my name, that her statements are not true and unfounded with no supporting evidence to make such allegations.

please help!

mel
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

if the previous employer defamed you to the prospective employer, that is clear defamation, and you can sue them for slander and defamation,

wallstreetfighter :

Typically former employers will not disclose any negative information, as that would lead to a defamation lawsuit,

wallstreetfighter :

so if they have given you a negative reference and stating false information, you should consider a lawsuit,

wallstreetfighter :

What you should consider now is

wallstreetfighter :

hire an attorney to send a Cease and Desist letter,

wallstreetfighter :

threatening legal action, if they do not stop there defamation,

wallstreetfighter :

and if they continue, bring a lawsuit against them,

wallstreetfighter :

The only way to clear your name is XXXXX XXXXX legal process, where you sue the former employer for defamation,

Customer:

I had a PhD professor from my school who responded with getting a lawyer, when I asked her 'what do I do to clear my name'. I was never written up nor formal reprimands. my record medically is clean, no lawsuits, no malpractice, great references and good reviews by ALL former medical supervisors.

wallstreetfighter :

and through settlement have them renege there allegation,

Customer:

I understand. I hate to go this route but have to protect myself for future employment. They have already ruined this new employer employment verification. Can I do anything about that, as far as clearing that up also?

wallstreetfighter :

You can have an attorney submit a letter threatening them with defamation and libel,

wallstreetfighter :

if the employment verification system is not going to remove the negative information from your record,

Customer:

they had allegations for crazy stuff......none with no proof whatsoever. nothing. just said bad words to 'smear me'. i have had no other jobs to do that

wallstreetfighter :

If they are a private company,

Customer:

they are a small medical office

wallstreetfighter :

You need to protect yourself, and force them in a letter by an attorney to recant their reference,

wallstreetfighter :

In most cases if they are threatened with legal action,

wallstreetfighter :

they will change their reference,

Customer:

i was thinking so but not sure. they said they fired me..........i had talked to the owner then, who was a doctor and i quit stating the fact I felt like it was not the right environment for me. he said, he understood. i had trouble with jealos women in there........u know how that goes and i was only there for about 6 months.

wallstreetfighter :

That would be clear evidence of defamation,

Customer:

i can prove their negative comments thru the employment verification with the 'was' prospective employer.

wallstreetfighter :

and you should act promptly, as they may settle with you fast.

Customer:

the prospective employer has a 'name and number and various comments. he said the comments were so bad, he could not go into detail....i said i thought that was against the law?

Customer:

do you know anyone in tennessee? nashville area

wallstreetfighter :

Defamation is against the law,

wallstreetfighter :

The link above has a list of TN defamation attorneys,

Customer:

THANK YOU SO MUCH.!! Is there anything else I can do? I did make a call this afternoon to try to clear this matter up, I called very nicely to speak with the office manager but no one to call me back.

wallstreetfighter :

You can send a letter asking them to settle the matter before you hire an attorney,

wallstreetfighter :

it is possible they will do this, as they would not want to spend legal fees defending there statements,

Customer:

my future employer is not gona hire me.......but is willing to give me a chance to 'clear it up'.

wallstreetfighter :

Than you should have them clear it up, by sending the letter threatening legal action if they do not change their statement

Customer:

isn't employment verification suppossed to be 'straight=forward'?

Customer:

i appreciate your help very much!! thank you for the links!

wallstreetfighter :

yes, it is, so the fact they would make such defamatory statements is strange,

wallstreetfighter :

so if you threaten legal action, they should change it,

wallstreetfighter :

I would send an informal letter,

wallstreetfighter :

and then hire an attorney to send a letter,

wallstreetfighter :

if nothing changes, sue them

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback.

Customer:

thank you so much! I will! :)

wallstreetfighter :

good luck,

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15825
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 5 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.