Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

Is it legal to tell a company that my former employee was sleeping on the job?

I fired my employee for sleeping on the job. The employee claims that he was not sleeping and he was even awarded unemployment because unemployment agreed that he was not sleeping. A company that he interviewed for called me and wanted to know why he was no longer working for me. I said that he was sleeping on the job. The former employee found out and has filed a $100,000 lawsuit. I’m going to talk to an attorney on Monday. Is it illegal to tell a company that my former employee was sleeping on the job?

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  • 2 months ago
    Favorite Answer

    If the statement was true it was, by theory, perfectly legal to tell a prospective employer that he was sleeping on the job. The problem is that if it is not true then you can definitely successfully be sued for defamation. That also means you will ptobably have to produce some evidence, like a witness, that he was sleeping on the job. If you can't produce credible evidence of that then he may be able to win that lawsuit. Giving prospective employers pf ex employees bad reviews is seldom done anymore because of liabilities just like this.

  • Anonymous
    2 months ago

    In MY State if you don't want to get involved in a lawsuit your attorney advises you to give "would rehire/won't rehire" answers.  Specifics are always a problem.

    If you have PROOF that he was sleeping, if you have PROOF that this is not defamation, then you don't have a problem - BUT you do have legal fees to pay.

    If Unemployment decided he was NOT sleeping it was VERY foolish to say that he was.  Presumably you had no proof for Unemployment, BUT you had proof for another prospective employer?  Foolish.

  • 2 months ago

    Contrary to popular MYTH, in most of the US, it is legal to say ANYTHING true.

    That said, to avoid lawsuits by people that believe the myth, most companies won't say anything more than when you were employed, what your duties were, and how much you were paid.

    Note: If you couldn't convince unemployment he was sleeping on the clock, you most likely can't convince a jury either.

  • 2 months ago

    Saying that your former employee was sleeping on the job to another potential employer is a statement that could cause harm to that former employee. If your statement is true (as in you can convince the court of it), then he would not have a legitimate claim against you.

    If your statement was false (or you were unable to prove it in court), then they could win a judgment against you.

    If you are seeing your attorney on Monday, they'll be able to go over all the particulars of your case in better details with you. They'll know better what the laws are in your state.

    You might also want to contact your business insurance provider as this might be covered by your policy.

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  • Anonymous
    2 months ago

    Did you actually observe this employee "sleeping on the job" or is this second hand information?  Ask your lawyer this question.

  • Maxi
    Lv 7
    2 months ago

    Telling the truth is not illegal and the 'former employee' is an idiot if they wish to waste their money in filing a spurious court case

  • Anonymous
    2 months ago

    I think it is you that is the former employee and you are hoping you have a lawsuit.

    If you were sleeping then the information was true

  • 2 months ago

    If it is true, it's legal.  File a counterclaim for the wages you paid him.

  • 28AKO
    Lv 5
    2 months ago

    I don't think you should of told the new employer that because fair enough he was awarded unemployment because they didn't believe you. He probably can sue u for slander or something cause it was proven by the department of labor that wasn't the case and he was terminated wrongfully. I don't understand why the former employer even listed you as a reference in my opinion

  • arther
    Lv 5
    2 months ago

    you don't make a name for yourself potting people if they employ him and he turns out all right they will lose respect for you  say as little as possible let them find out for themselves if you pot him and he doesn't get the job will he hold that against you and give you what for?

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