I work as a machinist making parts on a cnc milling machine and lathe. I was told that bayside machine in De Pere tells employers who call about me that the reason I was terminated was a large amount of rework or bad parts. I do admit that yes I make a mistake once in a while just like everyone else. The problem is that what there blaming me for one is not 100% correct and two Its there choosing who to blame and what is good or bad. So how does that make me a bad machinist and how do they benefit from this. I had good parts tossed because just because they did not like them. So if what there telling people is not 100% true is that slander?
You likely only have recourse if the former employer is providing false information to inquiring third parties. You may want to consult with an employment lawyer about whether a cease and desist letter to the former employer is appropriate.
It is unusual for an employer to release any information other than neutral employment verification information to third parties. The simple reason is that the employer doesn't stand to gain anything by disparaging you, and they stand to lose a lot in litigation if they defame you.
A viable claim for defamation requires that a false and defamatory statement concerning another be made to a third party, without privilege, and with fault amounting to at least negligence on the part of the person making the statement. In regard to the falsity requirement, the false statement must be objectively verifiable. This means that mere matters of opinion would not satisfy the falsity requirement. Therefore, it may be difficult to prove that the former employer's assessment of what constitutes "a large amount of rework or bad parts" is verifiably false.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Swinick
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