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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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An employment verification was made with possible new employer,

This answer was rated:

An employment verification was made with possible new employer, reference check person from former job and said, 'all kinds of bad stuff regarding my character and clinical judgements, in which they have no supporting evidence or proof of'. is this a violation of the employment verification and defamation of character. this will affect my career by making it harder for me to find work. i want to at least clear my name, that her statements are not true and unfounded with no supporting evidence to make such allegations.

please help!

mel

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

if the previous employer defamed you to the prospective employer, that is clear defamation, and you can sue them for slander and defamation,

wallstreetfighter :

Typically former employers will not disclose any negative information, as that would lead to a defamation lawsuit,

wallstreetfighter :

so if they have given you a negative reference and stating false information, you should consider a lawsuit,

wallstreetfighter :

What you should consider now is

wallstreetfighter :

hire an attorney to send a Cease and Desist letter,

wallstreetfighter :

threatening legal action, if they do not stop there defamation,

wallstreetfighter :

and if they continue, bring a lawsuit against them,

wallstreetfighter :

The only way to clear your name is XXXXX XXXXX legal process, where you sue the former employer for defamation,

Customer:

I had a PhD professor from my school who responded with getting a lawyer, when I asked her 'what do I do to clear my name'. I was never written up nor formal reprimands. my record medically is clean, no lawsuits, no malpractice, great references and good reviews by ALL former medical supervisors.

wallstreetfighter :

and through settlement have them renege there allegation,

Customer:

I understand. I hate to go this route but have to protect myself for future employment. They have already ruined this new employer employment verification. Can I do anything about that, as far as clearing that up also?

wallstreetfighter :

You can have an attorney submit a letter threatening them with defamation and libel,

wallstreetfighter :

if the employment verification system is not going to remove the negative information from your record,

Customer:

they had allegations for crazy stuff......none with no proof whatsoever. nothing. just said bad words to 'smear me'. i have had no other jobs to do that

wallstreetfighter :

If they are a private company,

Customer:

they are a small medical office

wallstreetfighter :

You need to protect yourself, and force them in a letter by an attorney to recant their reference,

wallstreetfighter :

In most cases if they are threatened with legal action,

wallstreetfighter :

they will change their reference,

Customer:

i was thinking so but not sure. they said they fired me..........i had talked to the owner then, who was a doctor and i quit stating the fact I felt like it was not the right environment for me. he said, he understood. i had trouble with jealos women in there........u know how that goes and i was only there for about 6 months.

wallstreetfighter :

That would be clear evidence of defamation,

Customer:

i can prove their negative comments thru the employment verification with the 'was' prospective employer.

wallstreetfighter :

and you should act promptly, as they may settle with you fast.

Customer:

the prospective employer has a 'name and number and various comments. he said the comments were so bad, he could not go into detail....i said i thought that was against the law?

Customer:

do you know anyone in tennessee? nashville area

wallstreetfighter :

Defamation is against the law,

wallstreetfighter :

The link above has a list of TN defamation attorneys,

Customer:

THANK YOU SO MUCH.!! Is there anything else I can do? I did make a call this afternoon to try to clear this matter up, I called very nicely to speak with the office manager but no one to call me back.

wallstreetfighter :

You can send a letter asking them to settle the matter before you hire an attorney,

wallstreetfighter :

it is possible they will do this, as they would not want to spend legal fees defending there statements,

Customer:

my future employer is not gona hire me.......but is willing to give me a chance to 'clear it up'.

wallstreetfighter :

Than you should have them clear it up, by sending the letter threatening legal action if they do not change their statement

Customer:

isn't employment verification suppossed to be 'straight=forward'?

Customer:

i appreciate your help very much!! thank you for the links!

wallstreetfighter :

yes, it is, so the fact they would make such defamatory statements is strange,

wallstreetfighter :

so if you threaten legal action, they should change it,

wallstreetfighter :

I would send an informal letter,

wallstreetfighter :

and then hire an attorney to send a letter,

wallstreetfighter :

if nothing changes, sue them

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback.

Customer:

thank you so much! I will! :)

wallstreetfighter :

good luck,

wallstreetfighter and 2 other Employment Law Specialists are ready to help you

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