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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.