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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Can A Defensive Employer's Glowing Reference Be Defamation

    Hello,

    My question relates to a reference from a previous employer.

    I recently interviewed for a senior position. In spite of receiving a “glowing” reference from my previous employer, it was clear to me that the reference provided was somewhat evasive. Can this be legally considered as a form of defamation?

    In 2007, this previous company began to flounder due to circumstances completely out of my control. Toward the end of Q2 2007, after 18-months with the company, I conveyed to the founder of my intentions to resign. The founder and board retaliated by immediately and maliciously terminating my employment under the pretense that declining sales were a result of “poor-performance” on my behalf. This was outrageous and slanderous.

    The reason for which the company faltered was because our strategic partner acquired a direct competitor of ours, a move that eroded our competitive position to a state of annihilation. The lead founder was supposedly responsible for the relationship with this partner.

    I reported to the chairman in conjunction with the lead founder. In February of 2006, prior to accepting the position, I clearly conveyed to the board the business and strategic risks involved, and the board conveyed its full acknowledgment of those risks. The position aligned well with my professional objectives; the experience I would gain would be invaluable going forward, even if the company did not succeed. We agreed upon a comprehensive set of beach head sales objectives for the first three business quarters of my tenure which I had gone on to successfully accomplish, and throughout that year, the board and shareholders conveyed their satisfaction with my performance.

    A year before I joined, the company was in a state of chaos, in principle a result of unprofessional performance. In February of 2006, I replaced the second co-founder, compelling that co-founder tp take legal action against the board and his co-founding partner (the lead founder)

    Based on the questionable integrity of the board, I would like to know whether I have legal rights so as to assert my position within context to the issue I have described. I take full responsibility for my actions, and if I had to do the position all over again, I would have repeated my course of action to detail.

    kindly awaiting your response,

    J

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can A Defensive Employer's Glowing Reference Be Defamation

    Unless you can point to something specific that was said that was an out-and-out lie, and unless you can prove that it because of this statement and no other reason that you did not get the job, your chances of successfully suing for defamation or anything else are zip.

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