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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29010
Experience:  More than 30 years in legal practice.
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My former employer for whom I worked as VP of Marketing for

Customer Question

My former employer for whom I worked as VP of Marketing for almost eight years increasinlgy was pushing me out the door. It appeared the CEO and the VP of HR had it planned. Long story short they together asked me to resign citing poor relationships with my staff and I refused. They gave me a separation agreement that I accepted and they paid me. Fast forward three and a half years later and I work for BALL Watch USA, SVP Marketing. I have had some situations where I was being recruited for a job and the trail went cold so I hired a firm to see if they were bad mouthing me. Turns out the VP HR was holding the company line on we only disclose dates of employment and position but when asked if they would rehire me he said no. I had an attorney send a C&D letter to the CEO of the company citing the comments made by the VP HR. I had the same company follow up with an inquiry about me to my former employer and the responbse did not change. Now what?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Loren replied 3 months ago.

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.

Expert:  Loren replied 3 months ago.

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.

Expert:  Loren replied 3 months ago.

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.

Expert:  Loren replied 3 months ago.

I attempted to accept your phone call request and received the following message:
"Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation."

If you can resolve the problem I look forward to speaking with you.

Otherwise, I am happy to continue online with you.

Expert:  Loren replied 3 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 3 months ago.
They have my updated credit card information and they verified that. when I entered the security code it did note take. When my forme employers VP HR was asked to verify my employment he said company policy was to only verify dates of employment and position. Wehen jpushed on several other questions he time and time again confirmed company policy yet when asked if I was re-employable in direct opposition to company policy as he stated he said I was not?
Expert:  Loren replied 3 months ago.

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.

Expert:  Loren replied 3 months ago.

I should mention, if your separation agreement provided they would only confirm dates of employment then you could sue for breach of contract.

Customer: replied 3 months ago.
What about an injunction? I will have to re read the agreement.
Expert:  Loren replied 3 months ago.

You need to show the employer is doing something illegal to get an injunction. That has not been presented in your facts.

Expert:  Loren replied 3 months ago.

Check your agreement. If there is a mutual non-disparagement provision then you can sue for breach.

Expert:  Loren replied 3 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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