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I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
The personnel file is the employer's, not yours. They can write whatever they wish in the file, even if it is derogatory.
Now normally, a personnel file is not shared
with another company. This is just not done. What is more likely to happen is that the other company can call the former employer for a REFERENCE.
The reference cannot be false. It has to be it is accurate and not misleading. This means that most employers simply give out dates of employment, job title, and reason for dismissal or termination
(or, if left voluntarily).
However, there is a way that employers can make a comment that is perfectly lawful. The company can ask "Would you rehire this person," and the employer CAN ANSWER HONESTLY how they feel. So they employer may be saying "I do not think I would."
While this is derogatory, it is not illegal. IF this is happening, then the employer is in their right to state this, I am afraid.
Otherwise if the employer is giving out inaccurate, negligent or deliberately misleading information in the reference, this may be as a suit for DEFAMATION.
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