Can I sue a previous employer for breaching a separation agreement?

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Can I sue a previous employer for breaching a separation agreement?

I resigned from my previous employer 7 months ago. We have a separation agreement stating that information about my employment and my reasons for leaving would remain confidential and inquiring employers would be informed that I resigned and the dates of my employment. I found out that the employer has been telling inquiring employers “not” to hire me and has taken actions to ruin my government security clearance. I have not been able to find work for 7 months because of this.

Asked on July 19, 2012 under Employment Labor Law, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

Look at the agreement to determine your rights under the contract.  Many contracts allow the aggrieved party to obtain attorney's fees if the party wins in court.  Other contracts have an arbitration, mediation, or notification section.  In the absence of these provisions, you can sue in court.

However, the problem is proof.  You will have to have witnesses or other evidence demonstrating your former employer breached the contract.


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