The reference sent was not true and can be refuted by me from the associated employers own documentation that states otherwise. The negative reference was a verbal comment to my prospective employer and an official job offer was rescinded. I suspect this has been the case in my search for employment since 19.Sept.2013 my date of "lay-off" and several prospective jobs may have been missed due to forthcoming negative comments made by my employers associate and also may possibly be retribution for my whistleblowing
Employee Benefits Lawyer
In Texas, a former employer, associate, client, or other entity with knowledge, can communicate with current or potential employers regarding a person's conduct or work history. However, if the entity says anything false with the intention of damaging that person’s business reputation or employability, that entity may be committing libel and slander. That entity may also be tortiously interfering with the person’s advantageous business relationships. If the entity’s false and malicious statements damage the person by preventing them from obtaining employment, or by causing them to be fired, that person may have a claim against the former employer.
If you feel your former employer's business associate is saying anything false about you and attempting to damage your reputation and/or prevent you from being hired, you should consult an employment attorney immediately. Be advised, however, that these cases are very difficult and it may be a challenge to find an attorney who will handle this on a contingency agreement.
Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
Employment / Labor Attorney
Are you putting this other entity on applications or your resume as a referral? Removing that company as a referral would likely be your easiest course of action.
You may have some options available to pursue this other company but it depends significantly on what is being said and whether it is untrue as a statement of fact or merely an opinion that you disagree with.