Answer

Thanks again for your question and for the additional information. We would recommend that you retain a local attorney for this.

 

You are going to have to put together a considerable amount of proof from your former employer and prospective employers. It is doubtful that you will be able to get the type of cooperation that you're going to need to do this on your own.

 

In addition to proving a breach of your settlement agreement/release, you are going to have to overcome MO law.

 

A number of states have a job reference shield law.

 

Missouri is one of those states:

 

290.152. 1. As used in this section, the following terms shall mean:

 

(1) "Employer", any individual, organization, partnership, political subdivision, corporation or other legal entity which has or had in the entity's employ one or more individuals performing services for the entity within this state;

(2) "Prospective employer", any employer, as defined in this subsection, to which an individual has made application for employment, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.

 

2. An employer may:

 

(1) Respond in writing to a written request concerning a current or former employee from an entity or person which the employer reasonably believes to be a prospective employer of such employee; and

(2) Disclose the nature and character of service rendered by such employee to such employer and the duration thereof; and

(3) Truly state for what cause, if any, such employee was discharged or voluntarily quit such service.

 

The provisions of this section shall apply regardless of whether the employee becomes employed by the prospective employer prior to receipt of the former employer's written response. The information provided pursuant to this section shall be consistent with the content of any service letter provided pursuant to section 290.140 for the same employee.

 

3. The employer shall send a copy of any letter provided pursuant to subsection 2 of this section to the current employee or former employee at the employee's last known address. The current or former employee may request from the employer a copy of the letter provided pursuant to subsection 2 of this section for up to one year following the date of such letter.

 

4. For purposes of this section, an employer shall be immune from civil liability for any response made pursuant to this section or for any consequences of such response, unless such response was false and made with knowledge that it was false or with reckless disregard for whether such response was true or false.

 

5. Any employer who violates the provisions of subsection 2 of this section shall be liable for compensatory damages but not punitive damages.

 

6. Any letter issued pursuant to this section shall not be admitted as evidence in an unemployment compensation claim.

 

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In other words, the state law gives employer some protection for lawsuits such as the one that you would like to file. Of course, your case is different because you have an agreement with the employer. Again, you are going to need proof and you're going to need some to help you get it all together and present it to a court.

 

Remember that there are deadlines in filing lawsuits. Therefore, you need to seek out a local attorney as soon as possible.

 

We hope that we directly answered your specific question. If so, we hope that you will "accept" this answer and feel free to continue the discuss even after you have hit "accept" if you want clarification.

 

Thanks!

Expert:	Experienced Attorney
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Answered:	1/14/2009

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