QUESTION

what are the legal rights of a person seaching for a job and their former employer has told the other businesses that he would not hire them?

Asked on Oct 02nd, 2011 on Business Law - South Dakota
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, an employer has a right to express its opinion about its current or former employees to a prospective employer who calls for a reference check. Opinion is a form of speech protected by the First Amendment. If the employer makes a factual statement that is false and harmful, it may be actionable -- but not a statement of opinion.
Answered on Oct 03rd, 2011 at 6:21 PM

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