Can my former supervisor be held liable for telling my current employer that I was fired from the job in which he supervised me?

My former supervisor and I are currently employed with the same company. He informed the company that I was fired from the previous company in which we both worked. As a result my employer has suspended me pending a investigation into whether or not I lied on my application. I’ve been employed with this company for the past six years and he has been with the company for the past year and a half. I was informed about the suspension last week.

Asked on November 1, 2011 under Employment Labor Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The former supervisor would only be liable in one of the following two circumstances:

1) He was subject to some agreement or obligation (including potentially, for example, a separation and release or settlement agreement he'd signed wiith you at the previous company) limiting his right to disclose this information. If so, you could sue to enforce the agreement or potentially get compensation.

2) What the former supervisor said about you was an untrue factual statement (not a true fact, or an opinion), in which case he may have commited defamation against you.

However, other than the above, there is no law prohibiting a former suprevisor from sharing this information; there is no general right to control what other people say about us or what facts they choose to share.

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