What can I do if I was terminated for being wrongfully accused of buying narcotics at work and my former employer is now badmouthing me to prospective employers?

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What can I do if I was terminated for being wrongfully accused of buying narcotics at work and my former employer is now badmouthing me to prospective employers?

This is absolutely untrue and when I asked where this information came from, my employer said she heard it from another employee. I have received a voice recording of the owner telling a potential employer, when they called for a reference, that she fired me for dealing in narcotics at the business and that she had spoken to the local police and was told she had no proof other than hear say and no proof on video she had them go over. I did not get this or any other job I have applied for since. I want to know what can be done legally and if it is legal for me to offer her the option of settling with me outside of legal action.

Asked on May 26, 2014 under Personal Injury, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue your former employer for defamation and wrongful termination.  These are separate causes of action (claims) in your lawsuit.

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 reputation.

Libel is written defamation.  Slander is spoken defamation.  Each time the false statement is repeated is actionable as a separate claim of defamation.

Your damages ( monetary compensation you are seeking in your lawsuit for defamation) would include mental distress, loss of friends and associates, lost income and if applicable, medical bills from physical illness or mental distress.

Your damages for wrongful termination would also include lost wages.

Although you may be able to settle the case with your employer, if that is not feasible, file your lawsuit.  If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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