Legal Question in Civil Litigation in New York

''Employment Interference''

A former co-worker, an officer of this company not in the HR Department, became aware of my attempt to obtain employment, called me and attempted to dissuade me from pursuing said employment. I also believe that he made unfounded negative remarks (libel?) about me to the prospective employer.

Apparently, the person I was to interview with knew the former co-worker, called him and asked him to call me to tell me that I would be offered the job, but the company would be sold after the new year and many people, including me, would be laid off. Strange since I never had the opportunity to interview with the second person. The person was to be the second interview; the first interview had gone very well. After I received the ''interfering'' call, I never heard back from the prospective employer. I later confirmed that the sale of the company was a fabricated lie.

As a result, of this fellow's interference I never received a job offer, rather a declination.

Under what circumstances or conditions would a previous employer's acts in directly and maliciously interfering with my attempts to obtain mew employment constitute a cause of action? What kind of proof would I need to prove this? Any direction that you can offer me?

Asked on 2/21/05, 10:00 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: ''Employment Interference''

Essentially you are asking: "Under what circumstances or conditions would a previous employer's acts in directly and maliciously interfering with my attempts to obtain mew employment constitute a cause of action? "

Based upon the information in your question, you would have to prove that your prior employer actually did maliciously and intentionally interfere; that what he said or wrote was false;

and it was the reason you did not get the job.

You would then have a defamtion cause of action.

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Answered on 2/21/05, 11:05 pm


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