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Employment Law

I have had my past employer state some things about my

Customer Question
I have had my...

I have had my past employer state some things about my leaving their employment that are not true and negative towards me being able to obtain new employment. I also have had a threatening letter put on my vehicle from my pervious employment with a state agency. Is there anything I can do about either of these situations?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

The employment with the company that is stating false statements was at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The threatening letter was when I worked for the state of Nevada, and they did not do anything about it. Soon after I was asked to step down from my position.

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 minute by:
12/15/2017
Employment Lawyer: legalgems, Lawyer replied 2 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 11,931
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 2 months ago

I am sorry to hear that the employers have not been treating you properly.

For the first situation, that may constitute defamation.

Slander and Libel are forms of defamation (slander is oral, libel is written).
Basically a defendant can be liable for defamation if the defendant
1. publishes a statement
2. to a third party
3. that puts plaintiff in a false light
and
4. plaintiff suffers harm as a result of the false statement.
There is defamation per se-meaning that malice and damages generally need not be proven, as the statement is so hurtful/derogatory they are assumed to be damaging.
These involve statements that address:
1. chastity (so sexual misconduct)
2. criminal misconduct
3. indiciating a person had a loathsome or contagious disease
or
4. conduct that is inconsistent with one's profession or business.

The courts do allow for opinions to be expressed in most circumstances but it must clearly be an opinion as opposed to a fact/statement.

Some employers won't provide references because of defamation concerns.

As for a person/employer putting a letter on someone's car, if it is ongoing the party can seek a protective order against the individual but they would need to establish by clear and convincing evidence who wrote and left the letter.

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Employment Lawyer: legalgems, Lawyer replied 2 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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