Can I sue my previous employer for wrongful termination with them, as well as defamation for a false allegation given to a new employer resulting in denial of employment?

Question Details:

I was hired by a sanitation consultation firm, who was contracted by a meat packing company. About a month later there was an allegation made by an associate that I was in the ladies restroom with another female. After that the superintendent of the meat packing company questioned me about the incident in which I denied it and told him he needed to talk to my superior. At this point a foreman in my office told me that I was terminated as a result of this allegation. There was no investigation that I am aware of. I was asked to take a job with another sanitation contract firm that was taking over the sanitation work for the same meat packing company. I was asked to come in with 3 other employees since we all have experience in sanitation and we have all been with that particular company in the past. So I went in and we did our walk around and just got a feel of what we would need and how it would be set up. However, I was later called by an employee of the new firm and told that they were not going to be able to hire me because of the allegation that was made on me when I was with the first firm. l have emails and a text message to this affect and I have a witness who says that this is why they failed to hire me. My question is does this amount to wrongful termination, or defamation according to the definition. And what do I need to do now?

Asked 11/13/2009 under Employment and Labor | 519 View(s) | More Legal Topics

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Employment and Labor Law Answers

Unless you had a contract with the first employer protecting your employment or limiting their right to terminate you, it is very likely not wrongful termation. Given that employers generally have a right to terminate workers at any time for any reason, only contracts--or illegal discrmintion, such as against a race, sex, age over 40, religion, disability status, etc.--typically give rise to valid wrongful employment claim.

However, if they are publically stating untrue things about you that cast you in a bad light and cause damage or injury to you, they may be committing defamtion. If you believe that (1) what they said is not provably true (since truth is a defence to a charge of defamation) and (2) that you suffered economic injury because of it (i.e. that it is provably why you lost the other job), you may be able to bring a defamation claim. You may wish to consult with a local attorney with whom you can share all the facts in confidence; many attorneys will provide a free or at least reduced price initial consultation. Good luck.

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