Legal Question in Employment Law in Tennessee

I am a RN and I resigned from the local hospital. Every time I go to apply at another business they act as if they are going to hire me until they call my former employer and then I never get the job. I fear they are telling lies to my potential new employers that keep them from hiring me. What recourse do I have?

Asked on 10/29/12, 9:02 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

The first thing you need to do is determine if they are giving you a negative review. If they are, then you have some options. If they aren't, you need to look elsewhere for the cause. There are some on-line resources to do this sort of reference checking, but they cost a little money. Another option is if you have a friend who has a business and can be calling to do a reference check. Once you have this crucial factual element in place, you can contact an attorney about your rights in pursuing a claim.

If your former employer is making false statements about you, you may be able to pursue them for a defamation claim. This sort of claim will have to overcome the presumption that you are not being defamed, but that is not an impossible task depending on the facts.

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Answered on 10/29/12, 9:53 am

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