Defamation by Former Senior VP
My question involves labor and employment law for the state of: WI
My question is in regard to defermation of character. I had been in upper management for the same industry and company for over 10 years ( let's call this job # 1). I received numerous letters of recommendation and loved my job. However, I left the company due to being downsized. So I took another position with a different company in the same industry ( job # 2). I was there three months when I was told that they were eliminating my position and let me go - which was a shock to me. However - I thought I would get another positon in the same industry with no problems.
Right away I started interviewing for jobs in this industry and would get great interviews and get as far as wage negotiations when things would go cold. They ( the potential employer ) would just not call me back.
This happened enough that I switched industries for the next 2 1/2 years and took a major cut in pay.
Just recently I started interviewing for jobs in my former industry and got interviews right away. Then the same thing started to happen - it goes cold. This proplexed me so much that I got brave and "pretended" to be a company doing a reference check on myself (via email). OH MY....a woman who is a senior vp at job # 2 said horrible things about me. I don't mean the professional "I would not hire her back" .... I'm talking down right nasty (about my intelligence, my ability etc). The thing is... I never had a lot of interaction with this individual. In addition, the position I had there was never eliminated.
What do I do??? This industry is all about networking and by now she has done serious damage to my reputation.
Re: Defermation by Former Senior VP
You didn't give a whole lot of info about what was said about you. However, a former employer can give a prospective employer any information that is true, that they believe to be true, or is their honest opinion of you/your work whether you agree with it or not.
Re: Defermation by Former Senior VP
Quote:
Quoting
kyoung
Just recently I started interviewing for jobs in my former industry and got interviews right away. Then the same thing started to happen - it goes cold. This proplexed me so much that I got brave and "pretended" to be a company doing a reference check on myself (via email). OH MY....a woman who is a senior vp at job # 2 said horrible things about me. I don't mean the professional "I would not hire her back" .... I'm talking down right nasty (about my intelligence, my ability etc). The thing is... I never had a lot of interaction with this individual. In addition, the position I had there was never eliminated.
What do I do??? This industry is all about networking and by now she has done serious damage to my reputation.
That was a wise idea posing as an employer, you can also hire companies to do that.
Wisconsin appears to be a ONE party state for recording telephone calls, you can check into that, next time you call or have someone call for you as a test, record it.
From what you have stated the person giving the reference is cleary blackballing you IMO. People like that make me sick and are nothing but trash.
The "legal" question being, was it a protected opinion, and or, does it rise to the level of defamation or is it actionable??
Here is WI's employment reference law. As we see the standard of proof is clear and convincing, that lies somewhere between a preponderance of the evidence and beyond a moral certainty??
IF you have proof of what was said, you can, after reeding the statute here, decide if you wish to see an attorney to make a legal determination of immunity on thier part.
895.487 Civil liability exemption; employment references.
895.487(1)
(1) In this section:
895.487(1)(a)
(a) "Employee" has the meaning given in s. 101.01 (3) and also includes a former employee.
895.487(1)(b)
(b) "Employer" has the meaning given in s. 101.01 (4).
895.487(1)(c)
(c) "Reference" means a statement about an employee's job performance or qualifications for employment and includes a statement about an employee's job performance or qualifications for employment provided pursuant to the settlement of a dispute between the employer and employee or provided pursuant to an agreement between the employer and employee relating to the termination of the employee's employment.
895.487(2)
(2) An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the employer knowingly provided false information in the reference, that the employer made the reference maliciously or that the employer made the reference in violation of s. 111.322.
895.487 - ANNOT.
History: 1995 a. 441; 1997 a. 35.
895.487 - ANNOT.
The malice referred to in sub. (2) is express malice, which requires a showing of ill will, bad intent, envy, spite, hatred, revenge, or other bad motives against the person defamed, and not actual malice, which requires statements made with knowledge of falsity or with reckless disregard for the truth. Gibson v. Overnite Transportation Co. 2003 WI App 210, 267 Wis. 2d 429, 671 N.W.2d 388, 02-3158.
Best wishes my friend, you take care.
BOR *Bill of Rights*
Re: Defermation by Former Senior VP
Here's a more clear statement of the Wisconsin legal authority:
Quote:
Quoting Wisconsin Statutes, Sec. 895.487 Civil liability exemption; employment references.
(1) In this section:
(a) "Employee" has the meaning given in s. 101.01 (3) and also includes a former employee.
(b) "Employer" has the meaning given in s. 101.01 (4).
(c) "Reference" means a statement about an employee's job performance or qualifications for employment and includes a statement about an employee's job performance or qualifications for employment provided pursuant to the settlement of a dispute between the employer and employee or provided pursuant to an agreement between the employer and employee relating to the termination of the employee's employment.
(2) An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the employer knowingly provided false information in the reference, that the employer made the reference maliciously or that the employer made the reference in violation of s.
111.322.
Quote:
Quoting Gibson v. Overnite Transp. Co., 267 Wis. 2d 429;671 N.W.2d 388 (2003)
Wisconsin Stat. § 895.487(2) provides three ways in which the presumption of good faith may be rebutted: (1) "the employer knowingly provided false information in the reference," (2) "the employer made the reference maliciously," or (3) "the employer made the reference in violation of s. 111.322." The first option could arguably require actual malice because it requires that the employer act "knowingly." However, there remain two other options. The second option simply requires malice. The legislature was alerted to the ambiguity of the word "maliciously" but did not make any change. Common law prevails in Wisconsin until changed by statute. Aaby v. Citizens Nat'l Bank, 197 Wis. 56, 57, 221 N.W. 417 (1928). To abrogate the common law, the intent of the legislature must be clearly expressed, either in specific language or in a manner that leaves no reasonable doubt of the legislature's purpose. Sullivan v. School Dist. No. 1 Tomah, 179 Wis. 502, 506, 191 N.W. 1020 (1923). We therefore conclude that the legislature intended to keep the same standard of malice as existed in the common law-express malice.