Posted 19 June 2012 - 01:35 PM
Posted 19 June 2012 - 02:32 PM
Posted 20 June 2012 - 04:25 AM
No. Just because an employer tells nonsense to an unemployment commission doesn't mean you were terminated unlawfully. He's free to fire you because he's irked that you asked for a review/raise, I'm afraid.
Since you've presumably looked at the definition of defamation, I'd like to think you already know the answer to this. If this person is stating lies vs. his honest personal opinion, or is unilaterally offering up information that the prospective employer doesn't ask about with the intent to keep you from getting a job, it would make sense to contact a local lawyer to send him a nasty cease and desist letter and demanding retraction of the statements, and take further action if he refuses.
Neither here nor there, but "fearing an altercation" and someone making verbal threats isn't automatically something to call the police about. The employer's free to have a problem with you calling the police if no one actually assaulted you (and I presume the police didn't pursue the complaint).
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 25 June 2012 - 02:11 PM
Posted 25 June 2012 - 07:13 PM
Again, it just doesn't sound right(to me) that an employer \r\ncan legally terminate employment just because someone asks for a raise.
It might be stupid for the employer to terminate an employee for that reason, but it is not "wrongful termination." When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:
• of your race, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor or by the IRS; and
• you took time off work to attend jury duty (in most states).
Firing you because you asked for a raise is not among the few prohibited things I listed above, and thus is not wrongful termination.
And, What information is a former employer allowed to disclose to potential employers?
In most states, the former employer may tell the prospective employer pretty much anything he wishes. However, if the former employer states false facts about you to prospective employers, the former employer may be liable to you in a defamation claim for any damages caused by the false facts. The employer may, however, disclose anything that is true and anything that is simply opinion. A few states have laws that place more restrictions on what a former employer may do. For example, CA has an anti-blacklisting law that prevents former employers from calling around to other potential employers in a bid to get everyone to "blacklist" the employee and prevent him from finding work in that occupational field.
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