What Can You Do if an Employer Tells People You Were Fired After You Quit
My question involves labor and employment law for the state of: Michigan
I worked for a company for 5 years in Michigan. MY job required that I serviced customers of said company. We were not provided work phones, nor were we reimbursed for use of our personal phones, yet we had to call and text customers. Because of this, and the fact that I willingly gave my number for customers to call me if they had any issues, over the years many customers had my cell phone number. Customers would often call me instead of the office, and I would take care of their issues and the office would send the customer the bill.
Recently, I was on a vacation like I normally take every August. I decided while on vacation after getting into a disagreement with one of the owners over a customer, that it was time for a change. I sent a very professional and formal resignation letter to the owners and offered to work for 2 weeks if they needed. They said no, wished me luck and accepted my resignation via e-mail. Not a SINGLE customer of theirs knew that I had left. I never contacted any of them once I resigned.
Through the course of this week, I have received numerous texts and phone calls from their customers asking why I was fired. The owners sent out a text telling customers that I was fired for giving out customer my personal cell phone number to complete their service work. That is a bold faced lie. For one I was NOT fired, I resigned and they accepted it. Two, they did not give us a work cell phone, yet had us call and text customers from our personal phone number. Three, the owners knew that customers had my phone number and I took care of the customers and then would let the office bill them, as I was usually able to get the customers taken care of faster than the office.
Do they have any liability with this? I am in the same field of work again, and would most likely see a lot of these customers again once they knew I left. Not that I would or am soliciting them, because I AM NOT. But I have been in this industry for 26 years now, and saying I was fired when I was not, for something that is not even possible does not seem lawful.
Re: I Quit, but Former Employer is Telling People (Potential Customers) That I Was Fi
What actual financial damages have you suffered that are directly attributable to this statement of the employers AND do you have sufficient proof of these damages to prevail in a court of law?
Re: I Quit, but Former Employer is Telling People (Potential Customers) That I Was Fi
You may have a good defamation claim against the employer if you end up suffering damages (i.e. lost income, etc) as a result of what the employer has said about you being fired. Given that defamation claims can be expensive to litigate, if it does not significantly affect your career it is probably not worth pursuing.
Re: I Quit, but Former Employer is Telling People (Potential Customers) That I Was Fi
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OpinePenguin
Do they have any liability with this? I am in the same field of work again, and would most likely see a lot of these customers again once they knew I left. Not that I would or am soliciting them, because I AM NOT. But I have been in this industry for 26 years now, and saying I was fired when I was not, for something that is not even possible does not seem lawful.
Oh, come on.
You have all those customers' phone numbers in your cell.
Send them an explanation about what really happened and quit kvetching about what your employer did.
They know you, they'll recognize the truth.
Re: I Quit, but Former Employer is Telling People (Potential Customers) That I Was Fi
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adjusterjack
Oh, come on.
You have all those customers' phone numbers in your cell.
Send them an explanation about what really happened and quit kvetching about what your employer did.
They know you, they'll recognize the truth.
OP hasn't mentioned one way or the other but given the bolded: I am not (soliciting them), I wonder if there is a non-solicitation agreement in place. Sending texts to prior customers, even if only to explain the situation, could be seen as an attempt to solicit prior customers.
Re: I Quit, but Former Employer is Telling People (Potential Customers) That I Was Fi
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jk
OP hasn't mentioned one way or the other but given the bolded: I am not (soliciting them), I wonder if there is a non-solicitation agreement in place. Sending texts to prior customers, even if only to explain the situation, could be seen as an attempt to solicit prior customers.
I definitely do not think that responding to customers who have contacted him asking why he was fired would be soliciting customers. I agree that contacting customers who have not contacted him might possibly be viewed as solicitation, but I do not think its a slam dunk.
Re: I Quit, but Former Employer is Telling People (Potential Customers) That I Was Fi
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llworking
I definitely do not think that responding to customers who have contacted him asking why he was fired would be soliciting customers. I agree that contacting customers who have not contacted him might possibly be viewed as solicitation, but I do not think its a slam dunk.
I was speaking only to jack's suggestion of mass texting from the customer list.
I didn't want the op to do what jack suggested and end up facing a possible law suit because the former employer did see it as improper solicitation (if applicable) and have to defend themselves. OP needs to be cautious making any contact with a former customer if there is a non-solicitation agreement in place.
Re: What Can You Do if an Employer Tells People You Were Fired After You Quit
Thanks for your replies everyone. My previous employer and I did not have any signed agreement between us. There was NEVER a no compete or no solicitation agreement. I just didn't go out and solicit the customers, because I thought I was bad business. But now that they have opened the door, I figured I may as well let them all know.
I just didn't think it was right that the customers thought that I was fired, when I clearly wasn't. This employer is just mad that I left I think.
Re: What Can You Do if an Employer Tells People You Were Fired After You Quit
You are free to tell any customers or clients who call you asking why you were fired, that you were not fired at all and that in fact you quit.