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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12469
Experience:  Significant experience in all areas of employment law.
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I recently went out on stress leave from a position with

Customer Question

I recently went out on stress leave from a position with Verizon Wireless due to a conflict with my supervisor. I informed HR of the issue, but nothing happened. When my FMLA claim was over I decided to take a job that was much further and less in pay in order to be rid of the situation. I resigned my position with Verizon on Saturday the 12th, 2015 via email to HR. I started my new position that following Monday. On Monday, the supervisor I had the problem with called my new job pretending to be Verizon HR and tried to ask questions about me to my new employer. The person who took the call knew it was not legit due to the nature of the request. I have the picture of the caller ID to prove the call happened. I then find out from people who still work there that he is telling people that i was "double dipping CA SDI and full time employment" and that "it was a felony". I feel like I was driven away from my previous job and now my character is being trashed even though I already reported to the state that I returned back to work. Is it legal for him to do that? Is the company liable since he is doing this on company time?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. I am very sorry to hear about your former manager's conduct. What you describe may very well constitute unlawful FMLA retaliation and defamation. Your problem, however, is that unless you are fired from your new job because of it you really have no damages resultin from your former manager's conduct and therefore nothing to recover from lawsuit. The best course of action at this stage would typically be a cease and desist letter from a local attorney threatening leval action if the retaliation and defamation continue. If you do lose your new job or suffer some sort of actual harm such as demotion, you would typically be able to sue both the manager and your old company. I hope this answers your question.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.