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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29109
Experience:  More than 30 years in legal practice.
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I'm just researching the legality of a former employer who

Customer Question

I'm just researching the legality of a former employer who has contacted my current employer with an email, stating that I was a bad hire. I resigned from my position, rather than accept a demotion. And quickly found other employment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

You may have a claim for defamation against the former employer. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence; and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in this matter.
If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
It is a huge worldwide database of attorneys searchable by location and specialty.