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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39043
Experience:  Retired (mostly)
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I was terminated today and I found out from a customer. it

Resolved Question:

I was terminated today and I found out from a customer. it seems the customer service desk advised my customer I was no longer with the company before I received a call from my former boss. Is this legal?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
The statement by the employer of your termination prior to actually terminating you is defamatory (false statement of reputation injuring fact, published to a third party and causing damages). However, in order to obtain monetary damages from the employer, you would have to show the extent of the damage caused by the untimely statement from customer service.

You might be able to pick up a few hundred dollars in small claims court. But, that would be the most you could probably expect, because there wasn't really any time for your reputation to be seriously harmed, since you were quickly terminated after the fact.

Hope this helps.

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Customer: replied 5 years ago.
I made a phone call to my boss and got his voicemail. I then called the customer service manager and she said she did not hear anything. My boss called me only after hearing from customer service that I received a phone call from my customer (he referenced it). Does that give me more ammo? I feel he only made the call at that time because he knew I had gotten the call from my customer and I called customer service.
Expert:  socrateaser replied 5 years ago.
In my opinion, nothing short of a statement by customer service expressly describing you as being a horrible employee or otherwise disparaging you personally is sufficient to improve your position with regards XXXXX XXXXX defamation law suit.

I realize that this isn't what you want to read, but I'm obligated to be as objective as possible in my answers, and I'm simply not seeing much of a case here.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

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