Can I seek defamation charges againist past employer

Asked about 1 year ago - Baltimore, MD

I quit employment in august of 2012 because I broke a company cardinal rule.I've been seeking employment elsewhere only to have the door shut on me.Then I received a phone call from a prospective employer telling me there was a issue with my paperwork from my past employer.He said that they sented him paperwork saying I refused a drug test totally false. And they have no paperwork to support it.

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You can use Avvo's "find a lawyer" tool for a defamation lawyer in your state to investigate a claim.

  2. Andrew Endicott Schrafel

    Contributor Level 14

    2

    Lawyers agree

    Answered . Defamation is an extremely hard case to win. It is more important that you get a job than start a lawsuit.

    Give your former employer a chance to correct their mistake. If they continue to say you refused a drug test and you did not, and the new employer decides not to hire you because of this statement, you do have a pretty good case for defamation.

    You should confirm all this with an attorney in your area.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Your posting is a little unclear. "Charges" usually refer to criminal matters, which defamation is not.

    You may find it helpful to review the Legal Guide I have published on Avvo.com which deals with defamation issues. I suggest you make an appointment with a local attorney to help you sort out your problem.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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