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Do I have any legal recourse, as I am being "bad mouthed" by a former employer?

Cherry Hill, NJ |

Worked on several assignments for a temp agency. have been unable to get a job, especially any return calls from the agency which is nationwide for the past 2 years. Was recently told by two different branches in DE and PA that the NJ office was "bad mouthing" me, from an assignment that did not work out thru no fault of my own. The two branches stated the manager of the branch making these allogations basicly has me " black-balled", as per the PA branch's exact words, that is why I never was getting any responses in any states with this major temp/contract employer. I always had a good repour, and even had assignments just after he bad-mouthed me, from him! Can I sue for damages, I have been unable to get employment anywhere since this happened, told it is in my file!

Attorney Answers 1

  1. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.

    That being said, in order to sue, you'd have to prove exactly what was said, and to who, and show how those statements caused your lack of work. Some states provide a limited privilege to employers to defame employees in references; depending on the state the statements were made in or were heard in (by phone or email if remotely), the privilege may apply.

    You may have a claim against the individual as well as the company; in fact, the claim against the individual may be easier to prove. If so, you have a limited time in which to bring the claim; again, depending on the state, it could be as little as one year from the date of the defamation.

    It is likely that it is not practical or cost-effective for you to bring a claim; you may find your time better spent looking for work through another agency.

    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

    /Christopher E. Ezold/
    The Ezold Law Firm, P.C.
    One Belmont Avenue,
    Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585