What are previous employers allowed to say about you to potential employers?
Question Details: My daughter quit her job at sonic. And then was in the process of being hired at a pizza chain, then recieved a text from the manager that said this, "Hello this is the manager at X. I'm sure you are at school so I'm not calling you. I'm very sorry but I won't be able to hire you at this time. I called you're previous employer and there were some cash issues that I was informed of. Again I'm very sorry". First of all this isn't even true. Secondly, are they even allowed to say things like this?
I assume that your daughter is a minor. If so, you would have to file a lawsuit on her behalf for defamation against her former employer. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter.
Defamation is a false statement made with knowledge of its falsity communicated to a third party who recognizes the defamatory content and the statement is injurious to (your daughter's ) reputation.
Slander is oral defamation.
Libel is written defamation.
Each repetition of the defamatory statement is actionable in a lawsuit for defamation.
The statement is slander ("cash issues") because of its impact on your daughter's employment.
Damages (monetary compensation in a lawsuit) for defamation would include emotional distress, loss of friends and associates, lost income, if applicable, physical illness documented with medical treatment.