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 Infolawyer Your Own Question

Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50035
Experience:  Licensed attorney helping employers and employees.
Type Your Employment Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

I recently applied for a management position for a rival company.

Resolved Question:

I recently applied for a management position for a rival company. I currently am in a management position for another company. When I applied for the position I was told by this potential employer that I had to let my current boss know that I was applying because of a brand clause. For my references I had not listed my current boss or hiring supervisor. I had 3 interviews and they all went well. All my reference checks also went well. The potential employer also asked me to fill out a background check consent form. The only last thing left that I was told of was that they needed to talk to my hiring supervisor first. After they did that I was asked to meet for some more follow up questions that came up while they talked to my supervisor. Everything was going well until then. Is there anything I can do about this?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Infolawyer replied 10 months ago.

Daniel :

Hello,

Customer:

Hi

Daniel :

You may try to find out what was said.

Daniel :

Legally, the supervisor cannot seek to defame you

Daniel :

It cannot slander or tortiously interfere with your opportunities

Daniel :

so you have such claims IF that happened

Daniel :

but for now I would try to gently find out what was said

Daniel :

engage in information gathering and then circle back to assess.

Customer:

I know what was said

Daniel :

were you slandered?

Daniel :

have you been denied the job?

Customer:

She told the supervisor that I was leaving because of my boss when I had never even mentioned that during my interview. TThis was supposed to be confidential between my supervisor and I

Daniel :

Have you been harmed as a result?

Daniel :

is the position still open?

Customer:

The potential employer asked to meet with me asking me more questions regarding what my supervisor had said. I have not been offered anything yet but the conversation ended with, well even if you dont get the job, we could always chat.

Daniel :

For now, you have I assume cleared up with the new employer what was said

Daniel :

you may admonish the former one about the breach

Daniel :

I do not see a lawsuit as a good idea right now given cost and given difficulty of proving that but for what was said you would have gotten the job

Daniel :

and that everything that was said was false or guaranteed confidential

Daniel :

absent a contract or manual, it may be assumed confidential, but courts dont afford it such confidentiality if true

Customer:

The company has a policy for directing all reference checks to HR. Can I direct this to HR?

Daniel :

Yes, you can

Daniel :

and it may well reprimand this supervisor for violating it.

Daniel :

I would take such internal steps

Daniel :

which is more effective and without cost to you

Daniel :

I wish you the best!

Customer:

Okay thanks

Daniel :

very welcome

Daniel :

Have a nice day

Daniel :

Kindly click on an excellent rating

Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50035
Experience: Licensed attorney helping employers and employees.
Infolawyer and 2 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.