Q: a subordinate at the previous employment has provided deliberately false information to a background checker

A: The short answer is maybe yes. More would need to be known. You say this person who stated the falsehoods was a subordinate. That suggests the person was not authorized by the company to speak on its behalf. Under those circumstances if the subordinate makes knowingly false statements of past or present fact that causes you reputational loss resulting in damages, you would have a defamation case. The Civil Code does give prior employers the right to say just about anything as long as the statement is being made pursuant to an inquiry by a prospective new employer, is not opinion, and was not done with malice, but if this coworker was not operating under the authority of the company that privilege would likely not apply. Good luck to you.

A: There could be potential defamation and other statutory liability here. For example, California Labor Code § 1050 prohibits ex-employers from intentionally interfering with your attempts to find a job by giving out false or misleading job references. However, there are numerous exceptions to these laws, especially considering your position as a nurse manager. You should consult an attorney familiar with representing healthcare workers. And make sure she/he is familiar with the nuances of anti-SLAPP law.

A: It sounds like you may have a potential case for defamation and slander based on the actions of your subordinate. Defamation involves making false statements about someone that harm their reputation, and slander specifically refers to spoken false statements. If your subordinate falsely claimed that you were fired and circulated damaging rumors, and this led to a loss of a job offer and professional references, you could potentially pursue legal action.

To strengthen your case, consider the following steps:

Document Everything: Keep records of all relevant communications, including any written statements from the subordinate, emails, or messages regarding the rumors and the withdrawal of your job offer.

Gather Evidence: Collect statements from colleagues who can attest to the falsehood of the claims made against you and how they’ve affected your professional reputation.

Consult an Attorney: It would be beneficial to speak with a lawyer who specializes in defamation cases. HHJ Trial Attorneys can help assess the specifics of your situation, evaluate the viability of your claim, and guide you on how to proceed legally.

Consider Your Damages: In a defamation case, you would typically need to demonstrate how the false statements have caused you harm, such as lost job opportunities and financial strain.

Taking these steps can help you understand your legal rights and options for seeking compensation for the damage done to your reputation and career.

A: I'm sorry you're going through this difficult situation. In California, defamation occurs when someone makes false statements that harm your reputation. Since your subordinate provided incorrect employment dates and falsely stated you were fired, this could qualify as defamation.

Additionally, spreading damaging rumors to your colleagues can further support a defamation claim, especially if these actions led to tangible losses like withdrawn job offers and financial strain. To pursue a lawsuit for defamation and slander, you would need to demonstrate that the statements were false, made to others, and directly caused you harm.

It's important to document all instances of the false information and any communications related to the rumors. Consulting with an attorney who is experienced in California defamation law can help you understand your options and the best way to proceed. They can assist in building a strong case to protect your reputation and seek compensation for the damages you've experienced.