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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57381
Experience:  Licensed attorney helping employers and employees.
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I recently applied for a management position for a rival company.

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I recently applied for a management position for a rival company. I currently am in a management position for another company. When I applied for the position I was told by this potential employer that I had to let my current boss know that I was applying because of a brand clause. For my references I had not listed my current boss or hiring supervisor. I had 3 interviews and they all went well. All my reference checks also went well. The potential employer also asked me to fill out a background check consent form. The only last thing left that I was told of was that they needed to talk to my hiring supervisor first. After they did that I was asked to meet for some more follow up questions that came up while they talked to my supervisor. Everything was going well until then. Is there anything I can do about this?

Daniel :

Hello,

Customer:

Hi

Daniel :

You may try to find out what was said.

Daniel :

Legally, the supervisor cannot seek to defame you

Daniel :

It cannot slander or tortiously interfere with your opportunities

Daniel :

so you have such claims IF that happened

Daniel :

but for now I would try to gently find out what was said

Daniel :

engage in information gathering and then circle back to assess.

Customer:

I know what was said

Daniel :

were you slandered?

Daniel :

have you been denied the job?

Customer:

She told the supervisor that I was leaving because of my boss when I had never even mentioned that during my interview. TThis was supposed to be confidential between my supervisor and I

Daniel :

Have you been harmed as a result?

Daniel :

is the position still open?

Customer:

The potential employer asked to meet with me asking me more questions regarding what my supervisor had said. I have not been offered anything yet but the conversation ended with, well even if you dont get the job, we could always chat.

Daniel :

For now, you have I assume cleared up with the new employer what was said

Daniel :

you may admonish the former one about the breach

Daniel :

I do not see a lawsuit as a good idea right now given cost and given difficulty of proving that but for what was said you would have gotten the job

Daniel :

and that everything that was said was false or guaranteed confidential

Daniel :

absent a contract or manual, it may be assumed confidential, but courts dont afford it such confidentiality if true

Customer:

The company has a policy for directing all reference checks to HR. Can I direct this to HR?

Daniel :

Yes, you can

Daniel :

and it may well reprimand this supervisor for violating it.

Daniel :

I would take such internal steps

Daniel :

which is more effective and without cost to you

Daniel :

I wish you the best!

Customer:

Okay thanks

Daniel :

very welcome

Daniel :

Have a nice day

Daniel :

Kindly click on an excellent rating

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