What to do if I voluntarily quit my job yet my superior tells other employees and co-workers that I was fired?

Do I have a case for slander?

Asked on September 22, 2012 under Employment Labor Law, California


Michael Jacobson / M.A. Jacobson, P.S., Inc.

Answered 8 years ago | Contributor


    A.       Blacklisting or defamatory references require proof that an employer communicated a false and injurious report (ii) knowing  the truth yet chosing  to report falsely or choosing to make its report without taking simple measures to check its accuracy;  which (iii) caused damage. 

    All items are difficult to prove.  Item (ii) is largely the product of your work record.  Item (i) can be identified by commercial services (see below). Item (iii) is usually a question which may only be answered by a potential employer who refused you a job because of something said to them.  This too has proven s difficult to get them to admit.

    Once you have (i) a record of what your former employer says about you, you must

(ii) Document that the spokesperson knew the truth but chose to report falsely or could have easily verified the truth but chose to report without verification;  This is  most readily accomplished by written documentation that the information source wrote down the opposite to be true at a prior time (eg emails).  Sometimes the blacklister   has confided to another that he/she knew the truth to be otherwise.  Sometimes it is circumstances—they simply didn’t ask the person who knew the truth.   (Eg: they are relying upon what they think you said or did  to a third person, but never asked that third person for confimation) All of this must be confirmed in a letter to you (or addresssed to me)   You can try to capture this on the survey page which follows.

    C        RESULTANT DAMAGE     
The final step (iii) is to identify a potential employer who either (a) has told you that you were a finalist until they checked your references with the data source; or   (b) receive a report from the potential employer  identifying what  information was supplied to them about you.  All of this must be confirmed in either a letter to you or a transcript created by BAD REFERENCES.COM.

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