Legal Question in Employment Law in Texas

Getting Trashed by ex-employer

I have been getting trashed by my ex-employer when a new prospective employer calls and asks about me.

In fact everything he says is really horrible and all of it is untrue.

He lies about me and says anything that comes to mind it seems yet he will not put anything in writing (I had a friend call him to see what he would say).

I have been unemployable for 8 months now because of this guy and have never used an attorney for anything before so I am not sure if I am even writing to the correct people.

The real reason for him letting me go is because his newspaper was going to mail only delivery and he had no use for me or newspaper carriers. I understand Texas is an ''at will'' employment state.

He lies to everyone to make it sound like I am the one who did something wrong when he got rid of me because of money.

I understand that I needed to leave once he had his mailing permit.......why all the games I will never know!

Still, what can I do to stop this guy so I can get another job?

There has to be some recourse for someone honest, I am not the one claiming to advertizers and that I have a circulation of 12,000 when I only mail out 1600 newspapers a week........Is that mail fraud?


Asked on 8/25/03, 2:24 pm

1 Answer from Attorneys

Re: Getting Trashed by ex-employer

try this website

www.twc.state.tx.us/news/efte/job_references.html

Sections 103.001-103.005 of the Texas Labor Code protects employers from defamation liability when they release information about a current or former employee to a prospective new employer, unless "the information disclosed was known by that employer to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed."

Speak with any manager who may have hired you and inquire whether the statements he made was a factor in hiring. Also, you need to speak with a local attorney to determine if filing a cause of action is something you want and the liklihood of prevailing.

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Answered on 8/25/03, 3:46 pm


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