Employment Law Questions? Ask an Employment Lawyer.
Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, while it is illegal to defame a former employee, that requires making a false statement asserted as fact. For example, if they VP stated you were terminated for theft that would be actionable as defamation since there was no theft involved. Merely stating that they would not rehire you is not, in and of itself, actionable. So, I do not believe there is anything else to do.
Hopefully, you will have more positive things said about you from other prior employers and this particular report will be viewed as an anomaly.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
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The company policy is an internal issue which you can raise with their HR department.
It becomes an issue for the court if defamatory statements are made or you are being treated differently due to your race, religion, ethnicity, etc.
Otherwise, it is not, in and of itself, illegal for a past employer to say they would not rehire you.
You can threaten to take them to court and it may scare them into stopping, but if you actually went to trial I do not believe you would prevail in proving a legal claim.
I am sorry to be the bearer of bad news.
I should mention, if your separation agreement provided they would only confirm dates of employment then you could sue for breach of contract.
You need to show the employer is doing something illegal to get an injunction. That has not been presented in your facts.
Check your agreement. If there is a mutual non-disparagement provision then you can sue for breach.
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