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How do I prove this?

How do I go about proving defamation of character or a former employer giving me a bad reference? I had a job and when I was 7 months pregnant my employer told me I needed to stop working because of my pregnancy when there was no medical reason stopping me from working, I was healthy. I contacted a lawyer to learn of my rights and stood up to my boss. ( I never filed a lawsuit) She let me work until my due date and when I wanted to go back to work I was told my position was no longer there ( I still didnt sue) I have a feeling she is giving me a bad reference since I havent been able to find a job in a year but I dont know how to prove it! How do I go about this?

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Anonymous

Asked by Anonymous at 6:24 PM on Sep. 21, 2009 in Money & Work

Answers (7)
  • I would have sued her. The only way you can prov it is if the people who wouldn't hire you tell you why exactly.
    Bjoycassell

    Answer by Bjoycassell at 6:28 PM on Sep. 21, 2009

  • Sorry. Dop't think you can. Defamation of character is pretty hard to prove. And most states are at-will states so they can let you go for any reason. Just like you can quit for any reason. Sorry..but not gonna happen.
    Anonymous

    Answer by Anonymous at 6:30 PM on Sep. 21, 2009

  • For a defamation suit to be successful, you have to PROVE that so and so is 1. LYING about what they are saying about you and 2 that those lies have cause you loss of benefits. Both of which are extremely hard to prove.
    However, your case sounds like a discrimination case.... if your employer has more that 50 employees then you have the FMLA to protect you. Your employer does not have the right to let you go because of pregnancy.
    Emberbaby

    Answer by Emberbaby at 6:38 PM on Sep. 21, 2009

  • You can file a Federal complaint: www.EEOC.gov


     

    rkoloms

    Answer by rkoloms at 7:42 PM on Sep. 21, 2009

  • Well, for one, you're not even sure it's going on, so no....you can't prove it.

    For two, not being able to find job in one year....in today's economy....is not all that uncommon.

    Sorry about your situation, but just keep looking! Can you remove that job from your resume'?
    fluud7

    Answer by fluud7 at 4:18 AM on Sep. 22, 2009

  • I'd be looking within instead of trying to pin the lack of a job on a former employer. Why would someone try to force a good employee out during pregnancy or maternity leave? They wouldn't. What else was going on to want you gone from there? Find the answer to that, and you may find the reason why you haven't been hired yet? Get honest with yourself and work through whatever might be standing in the way of attaining and holding onto a job.
    halfpint_ny

    Answer by halfpint_ny at 7:26 AM on Sep. 22, 2009

  • If you want to know what kind of reference you are getting have a friend call and pretend to be a prospective employer checking your references. Make sure that the conversation is recorded and make sure that the caller ID doesn't give your friend away. Double check the law on recording conversations first. You may not be able to sue, but at least when you apply to that next job you can just let them that you left your previous employer under less than stellar circumstances and that their reference is irrelevant.  Employers don't expect empolyees to be perfect, but they don't like surprises either.

    Anonymous

    Answer by Anonymous at 9:55 AM on Sep. 22, 2009

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