Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this agreement legal?
I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving damaging references.
Within a year, the employer violated the agreement anyway.
Can the employer be sued for breaching the Cease and Desist letter and subsequent agreement? Is such an agreement considered a written contract?
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A:
Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.
However, it does not appear you'd have a separate action for the cease and desist letter, as that type of letter is a threat of potential legal action, not a binding contract. Acting on a cease and desist letter is optional.
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