More details to this question:
My husband was laid off from a large corp. in February due to downsizing in the department. He was past his 90 day probation and was not fired but laid off. When he filed for unemployment benefits, the corp. stated that he was fired/terminated because of performance issues. This caused a delay of 12 weeks in finally receiving benefits. However, the only reason it was approved was because we had a signed statement from his supervisor stating the actual reason for him being laid off. We have since found out that the false information is being given when other companies are calling to get employment history. This is having a negative affect on him getting a job. He has submitted numerous applications for jobs that he is qualified for but is getting no response at all. Can we sue this corp. for defamation which we feel is the reason he is not able to get another job to support his family.
2 ANSWERS
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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Yes, there is a Florida statute giving you a legal remedy if a prior employer gives false information to a prospective employer where you can recover money damages and recoup your lawyer fees. You will need proof. I recommend someone you know working in an office or similar business calling and pretending to be a prospective employer and learn what they are saying. Note that an opinion is not actionable ("he wasn't a good employee") only a false fact.
Answered on Jul 02nd, 2012 at 3:44 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Feeling is not enough to file a defamation action. You have to have solid proof that a defamation of his character took place, who said what to whom and when.
Answered on Jul 02nd, 2012 at 3:16 PM