QUESTION

Can my former employer "bad mouth" me when I write them as a previous employer on a job application

Asked on Jul 13th, 2013 on Employment Contracts - Texas
More details to this question:
I was told that it is illegal for a former employer to say anything but when you started and when you resigned.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Many companies adhere to the policy of not saying anything about a former employee other than start and termination dates, but that is a matter of choice.  Adhering to that policy protects former employers from lawsuits from both former employees and those who hire them.  It's probably the smartest way to handle such a situation.  However, that doesn't mean that there is anything illegal about giving more information, if they are willing to take the risks.  The risks are that, if the information is false, the former employer could be sued for defamation (in a situation like yours, where a former employer bad mouths the former employee and costs the former employee a job or other damages) or for fraud (if it falsely praises the former employee and the new employer relies on that recommendation to hire someone incompetent or dishonest).   Thus, you may be able to sue your former employer for defamation, but you should be aware that defamation can only be faced on a false statement of fact; true statements are not defamatory, and neither are statements of opinion.
Answered on Jul 15th, 2013 at 4:11 PM

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