Visitor Question

Lost employment opportunity due to negative report?

Submitted By: A (Los Angeles, CA)

I interviewed for an executive position and had been through more than 10 hours of interviews on the phone and on-site. I received an email from the CEO stating that everyone was very impressed with me and she wanted to set up a call for the next day.

When we talked the next day she said that this wasn’t the call she expected to have with me and that she anticipated that we would be talking about logistics and next steps for employment.

She then told me that they had talked to someone that I previously worked with (not my reference) and that person had given negative feedback. Based on this feedback, they decided to offer the position to the #2 candidate and not me.

I followed up with a few emails and the CEO wrote back to me explaining that it was someone I previously worked with and that person said I seemed “disengaged” and that was the reason they were not offering me the position. She did not ask me for an explanation/defense and refused to identify the person who she talked to.

Is this a case of slander, and do I have a potential claim? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

To prove defamation by slander (the spoken word) requires proof the statement was false AND that the falsity of that statement caused you harm. From the facts you present there is no doubt the statement caused you harm as defined by you being passed over for the number 2 candidate.

However, the word “disengaged” in on its face does not constitute a false statement. “Disengaged” is a subjective term.

The Merriam-Webster Dictionary defines “Disengaged” as “Detached.” To succeed in a case for slander you would have to meet the legal burden of proof by proving the word disengaged was false. If you can do that, then you wouldn’t have to be concerned with proving how the slander harmed you. That is patently obvious.

Keep in mind, there is a legal defense to slander, which is the truth of the statement.

Because the term disengaged is a subjective term, you would have to prove you were not disengaged at your former employment. To do so will require witnesses, documents such as your written reviews by your superiors stating you were an excellent employee, or words to that effect, and other evidence disproving any assertion you might have been disengaged.

If, at any time during your tenure you had been reprimanded for, written up for, or in any other manner admonished for being disengaged from your work, even if the exact word disengaged was not used, then you might have a viable case for defamation.

Otherwise, proving you were not disengaged will be quite difficult.

Learn more here: Defamation of Character

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,

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One comment on “Lost employment opportunity due to negative report?

  1. Michelle says:

    My husband and I purchased a franchise (Dairy Queen) and opened in October 2017. Unfortunately, in November 2017 my husband was arrested for domestic violence. Neither of us were allowed to return back to work. This is in South Dakota, where there is a “don’t need a reason to terminate” law.

    However, before my husband had court, a “meeting was held” and untrue information was told by the co-owner. My husband was employed there, but was also co-owner in the franchise, which, within 24 hours was told he couldn’t be involved in the franchise anymore because of what people would say around town and all the rumors.

    In 48 hours, the co-owner in the franchise had gone to the bank, and told them he wanted him off the loan, and the bank said they agreed, that with the bad reputation he will give the business and community with being arrested, they took him off the loan.

    In addition, I lost my employment with Dairy Queen, In fact, I wasn’t allowed to come into the business (that we still owned) to retrieve our belongings.

    The next month, I brought my children in to eat, and the manager on duty told the employees working that I wasn’t allowed to be there. She even called the (now 100%) owner to tell them we were there to eat, and asked if she needed to tell us to leave.

    I lost my employment because “I give DQ a bad name and reputation.”

    I have many employees to backup these facts.

    I’m wondering, was it legal to:
    1. Take my husband out of the franchise before he had court, just because he had spent the night in jail?
    2. Have him taken off the franchise loan over speculation and rumors, before even being charged with anything?
    3. Prevent me from returning to work, and saying false allegations and rumors about the event?

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