Termination for Conflict of Interest

My question involves defamation in the state of: Massachusetts

I was terminated for a "conflict of interest" in December 2012 by Tyco International. I had worked for SimplexGrinnell, a Tyco business, since 2001. I have been unemployed since then (about six months now).

The proported conflict of interest was because I am a partner of a small start-up company that installs and monitors residential security systems. SimplexGrinnell (SG) only provides services to commercial properties (not residential); the nature of the services that I sold for SG were testing and inspection on fire alarm, sprinkler, suppression systems to commercial properties. I also sold maintenance and monitoring on security systems.

My previous District General Manager (DGM) was aware of my participation with this start-up. He did not consider it a conflict because, again, SG only provides services to commercial facilities, not residential homes.

A new DGM was assigned to our office and he decided the small business was a conflict, and terminated me within 24 hours. I was told the conflict was because ADT (a sister Tyco company) would be a competitor to the start-up. I never worked for ADT. My business partner was also an SG employee, and he was terminated, too.

Ironically, Tyco announced ADT would split into three companies in Sept 2011, with the commercial and residential businesses becoming completely separate entities. See: http://www.securityinfowatch.com/new...ally-separates
ADT split: http://www.securitysystemsnews.com/a...s-two?page=0,0

The Massachusetts unemployment office decided I still qualified unemployment benefits, although SG tried to fight it.

Within the last most recent few weeks, I was close to getting a job with Bank of America. After a phone interview, and two online asssessments, I completed a background investigation form. One of the questions was if I had ever been terminated, and I explained the SG situation. I received a call from an investigator who asked several questions about the termination. I just received an email with the subject line of "ASI Unsatisfactory Results." The email said "based upon your applicant screening investigation results, we regret to inform you that you will not be moving forward in the selection process..."

Might I have a defamation of character case? This termination will definitely hurt my chances of securing a job, and the BOA rejection is because of the termination.

Please note that I am a current member of the National Guard (a part-time job). I hold a SECRET clearance. I fear this termination will also hurt my military career.

Thanks for your help!

Signed,
NeedajobMass

What defamation? So far you have only stated facts.

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Might I have a defamation of character case?

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In what fashion do you believe you were defamed?

The company terminated you because it believed you had a conflict of interest. That's not defamation, that's just stone fact.

The termination indicates that I violated company policy, which I didn't. Is that defamation?

I followed the company policy to notify my manager; which is what is required by the employee handbook and code of conduct.

Now, as I try to get a job, it looks as though I am untrustworthy employee. The damages are to my reputation due to a false and defamatory statement/termination.

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The termination indicates that I violated company policy, which I didn't. Is that defamation?

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Nope. It's a difference of opinion between you and your former employer, nothing more.

OK thanks.