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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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A future employer called my previous employer to get a

Customer Question

a future employer called my previous employer to get a reference and the manager told her I was on drugs and a thief, she also called another store of the same business and they told her I was bi-polar schizophrenic. is that legal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: no..just happened last week, and I am concerned for my rights
JA: Anything else you want the lawyer to know before I connect you?
Customer: ive been unable to get a job because of this, just bout ready to lose my place of living
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If the statements about being on drugs and stealing are false, that would give rise to a claim for defamation. The statements about you being bu-polar and schizophrenic, if false, would also give rise to a claim for defamation, and REGARDLESS of whether these statements are true or false would likely also constitute a violation of the Americans With Disabilities Act, which would prohibit an employer from discussing disabilities like this. I would consider retaining a local employment attorney who can send a demand letter threatening suit unless a settlement is reached. The settlement could include a non-disparagement provision so that your employer is contractually prohibited from saying anything negative about you in the future.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....