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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My daughters last job did not end well, she left the previous

Customer Question

My daughters last job did not end well, she left the previous employer off her resume and found another job within the month. The previous employer initiated contact on there own with my daughters new employer, did not reach the office manager as requested and hung up.
I immediatley went to see and spoke to the previous employer and asked why they tried to contact and was told a lie that the new employer had called for a reference. I explained they were not listed as a refernce on my daughters resume, she had already been hired and did not need their reference.
I can only surmise that they had Ill intent when trying to contact new employer.
What Advice can I give my daughter please
thank you in advance,
larry
Submitted: 12 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 12 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the previous employer does anything to interfere with her new employment, she can sue for Intentional Interference with Advantageous Relations. That's an intentional tort, for when a person knowingly and intentionally sets to cause problems to someone else, without justification. Whether there is justification may depend on the specific circumstances surrounding her dismissal. For example, if a person who is fired for stealing gets a job at a bank, that new employer may have a legitimate interest in knowing about it.

Your daughter could also have a cause of action for defamation of character, if the former employer makes any untrue statement of fact about her. There is some privilege for statements where there is a mutual interest, but that isn't going to apply if a person intentionally and maliciously reaches out to say things that he knows are not true.

One option is to send the former employer a "cease and desist" letter, explaining the situation and letting them know that she will not hesitate to sue if they tell false statements to damage her reputation or if they continue to interfere in her current employment. If the prior employer is part of a larger corporation, it might be worth talking to the district manager or the corporate office as well.

In the meantime, if she believes that her previous employer will continue to cause problems for her, she may want to consider whether to approach the current employer to explain the situation and let them know that they may be contacted.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 12 months ago.

How do I get a "cease and desist" letter?

Expert:  Lucy, Esq. replied 12 months ago.
These letters are very fact-specific. Generally, the person sending the letter would write it, based on specifically what is happening. She can get general formatting examples online. But a local attorney could write one for her - a letter usually wouldn't cost a lot of money.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19676
Experience: Lawyer
Lucy, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

What if I send a "friendly" email on behalf of my daughter, stating I have spoken to a lawyer about the issues you stated, and would rather not see this elevate or get out of hand, so please cease and desist.


Some of the employees have made untrue statements about my daughter and others in this previous place of employment. I would hate for any of them to get to her new employer. So far she has ignored them, but would rather not be put in the position of having to explain to her new employer.


 


I forgot to mention that while there last week, the office manager mentioned the employees there were required to sign a letter of confidentiality. I dont believe that was a truthful statement, could a lawyer ask for proof of that if this has to go to court??

Expert:  Lucy, Esq. replied 11 months ago.
A friendly letter sometimes works before involving counsel or sending a formal letter. The problem is, a lot of people just don't take it seriously.

If she does wind up in court, yes, she can ask for copies of any confidentiality agreements she signed.

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