Can a past employer tell a current employer that they had suspicions aboutyou even if they have no proof and I left the that job for a different reason?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a past employer tell a current employer that they had suspicions aboutyou even if they have no proof and I left the that job for a different reason?

I recently resigned from a job at a sheriff’s office because I was under an investigation. The Sheriff’s went to talk to the county manager the jail administrator and one of the captains at the jail that I used to work in another state and they mentionedd that I was under suspicion of bringing marijuana into the facility. I was never notified about it when I worked there and was never put under investigation for and anyone that knows me knows that I do not mess with drugs whatsoever. I just wanted to know if they could even mention that even if that is not the reason why I left that job?

Asked on December 8, 2011 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, a former employer *may* tell prospective or current employers about why an employee left a job, unless there is some sort of non-disclosure, confidentialiity, or non-disparagement clause (such as might be found in a separation agreement) to the contrary.

However, if the former employer makes factual assertions or statements about the employee which are not true and which damage the employee's reputation and/or make others not want to work with that employee, the former employer may have committed defmation and could possibly be sued. (Note: neither true factual statements nor opinions are defamation.)

The facts are critical to a defamation case--e.g. exactly what was said, to whom? If you feel that you may have been defamed, you should meet with a personal injury attorney to disucss the matter in detail. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption