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Ratings. Guidance. The Right Lawyer.
I think my former boss is preventing me from getting another job, can I take legal action?
Chicago, IL
Viewed 14 times.
Posted 2 months ago in Lawsuits / Disputes
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I was forced to resign from my job about 1 1/2 years ago. My boss and I never saw things eye-to-eye and our personalities are very opposite.
The phone interview I was suppose to have today was cancelled because was they were " in communication with someone in the field of with whom I worked with at my last job. In the opinion of this person, they did not believe I was appropriate for the position because my communication style was not diplomatic." I feel like this will continue with every job I apply for and I assume that the person they speak of is my former boss. Can I take any legal action? - Is this your question? Add additional information Answers (1)
Christopher R. Minelli
This attorney is licensed in Illinois.
Posted 2 months ago.
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The law in this area is murky at best and is heavily fact-oriented. Generally speaking, what you are looking at is some type of slander or libel claim. In Illinois, these are all bunched under the general tort of "defamation." The employment context makes it tricky because generally a bad review from a former boss is an opinion, versus a defamatory fact, and whether or not the opinion is actionable depends on what specifically was said, how it was phrased, and how Illinois cases have handled similar utterances.
If you desire to speak with an attorney, many Illinois attorneys will consult with you for free and can get the facts necessary to futher analyze the case. However, in these cases the cost (in time, money, and emotional toll of litigation) can be much more than any benefit. Consult the Illinois State Bar Association (www.illinoislawyerfinder.com) if you need a referral. NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone. |
