What to do if my former employer badmouthed me to my new employer andI was fired because of it?

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What to do if my former employer badmouthed me to my new employer andI was fired because of it?

I recently quit my job due to working conditions and the way the company was run. Upon leaving and going to another employer, my old boss found out where I was being employed. He wrote the owners an e-mail with threats, among other things. Now my new employer has backed off and I am currently unemployed because of this.

Asked on October 1, 2011 under Employment Labor Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are alleging here is known as a tortious interference with employment claim or otherwise known as a retaliation claim.  Retaliatory actions by an employer are indeed illegal in the state of New Jersey.  The courts apply a four prong test that a plaintiff must satisfy in order to establish a cause of action for tortious interference with either contract or prospective economic advantage. The plaintiff must prove that it has some protectable right, either a contractual relationship or a prospective economic right;  the plaintiff must establish that the interference was done intentionally and with "malice", which is defined to mean harm that was inflicted intentionally and without justification or excuse;  the plaintiff must establish that the interference caused a loss and in situations where the plaintiff does not have an established contract right but claims a loss of a prospective gain, the plaintiff must show that there was a reasonable probability that it would have received the alleged gain;  and finally the plaintiff must prove that the loss in question caused damages to the plaintiff. If you feel that you fit within the criteria then seek legal counsel.  Good luck.


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