What are previous employers allowed to say about you to potential employers in new mexico?
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What are previous employers allowed to say about you to potential employers in new mexico?
My daughter quit her job at sonic.
And then was in the process of being
hired at pizza hut then recieved a
text from the manager at pizza hut
that said this ‘hello this is the
manager at pizza hut. im sure you
are at school so im not calling you.
I’m very sorry but I won’t be able
to hire you at this time. I called
you’re previous employer and
there were some cash issues that I
was informed of. Again I’m very
sorry.’ First of all this isnt even
true. Secondly are they even allowed
to say things like this
Asked on January 30, 2018 under Employment Labor Law, New Mexico
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I assume that your daughter is a minor. If so, you would have to file a lawsuit on her behalf for defamation against her former employer. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter.
Defamation is a false statement made with knowledge of its falsity communicated to a third party who recognizes the defamatory content and the statement is injurious to (your daughter's ) reputation.
Slander is oral defamation.
Libel is written defamation.
Each repetition of the defamatory statement is actionable in a lawsuit for defamation.
The statement is slander ("cash issues") because of its impact on your daughter's employment.
Damages (monetary compensation in a lawsuit) for defamation would include emotional distress, loss of friends and associates, lost income, if applicable, physical illness documented with medical treatment.
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