Wife's old employer called new employer and got her fired

[Jimmy2004]

North Carolina - Hello all,

Here's the story,

My wife had been working as a skin care professional at medical office for a little over a year. A few months back they asked her to do some tasks that she wasn't really educated on doing. So she began to look for a new job doing the same work. She found a place nearby and with 3 good references she was interviewed and accepted a position last Monday. She put in her notice at her old job, whose policy is that once you resign you are walked out.

My wife started her new job today, but after an hour or so, the new employer gets a phone call from a person at the old employer saying the following:

1. My wife was on FMLA intermittent leave and was it was illegal for the new company to hire her. (this was true, however the DOL says that once my wife quit the old job, the contract was over for FMLA)

2. They told the new employer that my wife was a troublemaker and mad talked about some of the doctors she worked with (which was not true at)


Let me add that once patients and clients of my wife found out she left they cancelled their appointments with the old employer.

The new employer fired my wife, only an hour after she began work.

Is this illegal on different levels?

 

[OK-LL]

Begs the question -- how did the old employer know who the new employer was?

 

[Zigner]

My wife started her new job today, but after an hour or so, the new employer gets a phone call from a person at the old employer saying the following:

1. My wife was on FMLA intermittent leave and was it was illegal for the new company to hire her. (this was true, however the DOL says that once my wife quit the old job, the contract was over for FMLA)

Why do you believe this was true?

2. They told the new employer that my wife was a troublemaker and mad talked about some of the doctors she worked with (which was not true at)

This sounds like opinion to me.

Let me add that once patients and clients of my wife found out she left they cancelled their appointments with the old employer.

Depending on HOW they found out, this could be a problem (for your wife.)

The new employer fired my wife, only an hour after she began work.

Is this illegal on different levels?

It was perfectly legal for the new employer to fire your wife.

 

[LdiJ]

North Carolina - Hello all,

Here's the story,

My wife had been working as a skin care professional at medical office for a little over a year. A few months back they asked her to do some tasks that she wasn't really educated on doing. So she began to look for a new job doing the same work. She found a place nearby and with 3 good references she was interviewed and accepted a position last Monday. She put in her notice at her old job, whose policy is that once you resign you are walked out.

My wife started her new job today, but after an hour or so, the new employer gets a phone call from a person at the old employer saying the following:

1. My wife was on FMLA intermittent leave and was it was illegal for the new company to hire her. (this was true, however the DOL says that once my wife quit the old job, the contract was over for FMLA)

2. They told the new employer that my wife was a troublemaker and mad talked about some of the doctors she worked with (which was not true at)


Let me add that once patients and clients of my wife found out she left they cancelled their appointments with the old employer.

The new employer fired my wife, only an hour after she began work.

Is this illegal on different levels?

What the new employer did was perfectly legal. What the old employer did is very possibly actionable. She should get a consult with a local attorney.

 

[Zigner]

What the old employer did is very possibly actionable.

No snark intended here -

What about the former employer's actions do you think may be actionable and under what theory? I'm not disagreeing (right now), but I am curious about your thoughts on this.

 

[Jimmy2004]

I'm asking was it legal for the old employer to discuss confidential FMLA information with an outside company and to slander my wife.

The new employer said that somebody from the old place called. We do not yet who did but have an idea. My wife didn't say where she was going.

THis wasn't the new company calling for a reference, it was a person just being malevolent.

 

[Zigner]

I'm asking was it legal for the old employer to discuss confidential FMLA information with an outside company

You are making an assumption that the information discussed was confidential.

and to slander my wife.

Based on what you posted, there was no slander.

The new employer said that somebody from the old place called. We do not yet who did but have an idea. My wife didn't say where she was going.

THis wasn't the new company calling for a reference, it was a person just being malevolent.

This makes the matter harder to prove, not easier.

 

[LdiJ]

No snark intended here -

What about the former employer's actions do you think may be actionable and under what theory? I'm not disagreeing (right now), but I am curious about your thoughts on this.

He was not contacted for a reference. He, out of blatant spite called her new employer, and told lies with the express purpose of trying to get her fired. As a result he has damaged her economically.

 

[Zigner]

He was not contacted for a reference. He, out of blatant spite called her new employer, and told lies with the express purpose of trying to get her fired. As a result he has damaged her economically.

We don't KNOW that he told lies. We only know that he expressed his opinion and told his viewpoint. The OP concluded that those were lies.

 

[LdiJ]

We don't KNOW that he told lies. We only know that he expressed his opinion and told his viewpoint. The OP concluded that those were lies.

Once again, he was not called for a reference, before she got the job, and gave her a bad reference. He voluntarily called her new employer, after she left his employ and after she was hired, for the express purpose of causing her damage. It was spiteful and designed to damage.

Its certainly worth a consult with a local attorney.

As an aside, I think that the new employer was ridiculously stupid for firing her like that. If I got a unsolicited call from an old employer badmouthing one of my new employees, I would suspect that I had just hired myself a potential gold mine. I would recognize the old employer's ploy as the sour grapes that it was.

 

[Zigner]

Once again, he was not called for a reference, before she got the job, and gave her a bad reference. He voluntarily called her new employer, after she left his employ and after she was hired, for the express purpose of causing her damage. It was spiteful and designed to damage.

Fair enough

Its certainly worth a consult with a local attorney.

Agreed

As an aside, I think that the new employer was ridiculously stupid for firing her like that. If I got a unsolicited call from an old employer badmouthing one of my new employees, I would suspect that I had just hired myself a potential gold mine. I would recognize the old employer's ploy as the sour grapes that it was.

I can agree with this too.

 

[anteater]

He was not contacted for a reference. He, out of blatant spite called her new employer ...

Who is "he?" Why isn't it a "she?"

 

[Chyvan]

She needs to file for unemployment.

 

[LdiJ]

Who is "he?" Why isn't it a "she?"

Sometimes I just get tired of typing he/she, and just pick one.

 

[Jimmy2004]

I have contacted an attorney and they are willing to help, except for one issue.....the new employer will not give us the name of the person who called them. They only told me wife it was from the previous employer.


How can I get the new employer to give up this information? They claim that when they do references and background checks that the information is confidential as well as the sources. However, this was an unsolicited call and the previous employer has a policy of not to give out reference for liability reasons.



My wife has also contacted a high ranking manager in HR at the previous employer. I did confirm that it is a violation to reveal a person's FMLA status or record to a third party without consent.

The person who called said my wife "bad mouthed" doctors. How is this proven? unless in a recording or written statement. This person did this out to cause damages out of intent.