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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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So I worked company 6 years ago and left on good terms.

Customer Question

So I worked for a company 6 years ago and left on good terms. Since then the company has changed hands but some management remained. I recently re-interviewed for a specialized position. The initial interview went well (with new management staff). I was called for a second interview but this time a manager that knows me from before the buy-out (who seems to personally dislike me) was involved in the interview. He kept pushing questions about personality and saying "we know your reputation" and I was thinking, "we... you mean you". Anyway, the interview did not go as well. I discovered from colleagues still employed that he claimed that he once sent me home and that my attitude was a common problem. I was never disciplined or written up in my past employment with the company and it seems they never contacted my references to confirm or refute these "attitude" claims being propagated by one individual. Is this defamation? I know with certainty that this is bad business practice but I don't know if I have any legal options.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
As a matter of course, and based on what you have shared with me, it does appear that this person has legally defamed you. In order to prevail on a defamation claim, you must prove that a person made a statement that they either knew to be false or should have known to be false, that it was heard by an interested third party and that you were caused harm (the last element is normally assumed).
If you don't get the job, I think that you have a viable defamation claim against this individual that took advantage of his position to cause you harm predicated on false statements.
Let me know if you have any other questions or comments.
Please rate my answers positively as well.
Best wishes going forward!