Defamation?

[slimslam]

So I applied for a job and while doing my background check, the company i was appplying for spoke with my former employer who apparently told them enough negative comments that I was not accepted for the job, even though I was in the top 2 for 2 positions that were open before the background process. The comments were about my not being a "team player" and not taking direction from others. I have never been told by any of my employers about these issues. I get yearly evaluations and every one for the past 3 years has praised my relations with co workers and that I am great at doing my job. Reading my evals you would think I am a star employee. I know that my previous employer is what cost me this job, due to a personal issue that some of the administrators have with my leaving. What can I do, if anything?

Thank you

 

[jharris352]

I believe you have a defamation suit. At very least you have grounds to send a "cease and desist" letter. For defamation you have to prove that the communication took place, you would have to prove the content of the communication, prove that the communication was false, and that it harmed you. To do that requires a lot of time and effort and cooperation from the people who didn't hire you.

I would saber rattle and hope that calms things down. In-other-words, send the head of HR a "cease and desist" letter that warns him/her that you think this defamation took place, that you think it cost you a job, and that you will sue if it happens again. This "shot over their bow" will probably cause them to back off the next time they are called.

 

[mightymoose]

How do you know what was said? Normally employers won't disclose this information.

 

[slimslam]

The new employer told me what was negative. He also told me that he was not supposed to tell me because it was confidential info, but he told me anyway.