Good Morning Rick: I am truly sorry to read about your ordeal. As for the Attorneys who are too busy to take your case, that is just a translation that the case is not an easy case for them to handle and therefore they do not want to spend their resources on it.
Even if you were not mistreated on prohibited grounds of race, age, gender, national origin, or the like, you may have a claim for Intentional Infliction of Emotional Distress if your former employer’s mistreatment has caused you to seek medical treatment including therapy for your stress. In order to prevail on your claim of Intentional Infliction of Emotion Distress you need to show that (1) your former employers acted intentionally or recklessly; (2) the employers’ actions were extreme and outrageous; and (3) the employers’ actions were the cause (4) of your severe emotional distress.
Intentional Infliction of Emotional Distress is a tort, in the same class as personal injury. So, you may consider retaining the services of a local personal injury Attorney to assist you with your case. You can use the following site to find local personal injury Attorney who can assist you with your case:
Hi Mr. Phillips,
Thank you, I will take you up on your offer of free additional questions.
1. While looking for work, I was told past employers could not comment on their past employees. Obviously, my past employers have had extensive conversations about me. Would this not be a better point of contention than emotional distress?
2. However I am not ruling out emotional distress. I have certainly been subject to it. It has affected me, I fear going back into the same type of situation. I also fear proving emotional distress would ruin my chances of ever working again. What are your thoughts?
Response 1: Unfortunately, the information that you have been given is not accurate. There is no federal or state law being violated if the information/reference being given out by your former employer is accurate. Otherwise, you can sue the employer for defamation of character if the information is false. The fear of lawsuits is the primarily reason why employers most often confirm only dates of employment on reference checks or information provided to third parties. However, if an employer decides to go further than that, then care must be taken that true information about the former employee is being given to prospective employers or other third parties. Otherwise, the employer would be subject to a defamation suit.
For more information on employment reference and background checks, click on the link below:
Response 2: Hello Rick. You have to do what you think is best for you. You are the one on the front lines and know the lay of the land. So, you are the only one who can make decision for yourself. I am only here to provide you information, which would hopefully steer you in the right direction.
Thank you for the free questions. I cannot rate your free answers without being charged. Can you close us out?
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