Is there any action I am able to take for a client making a false statement about me to my employer?


I have worked on and off for for a large staffing agency for approximately 4 years. Most recently I had the opportunity to become a full time employee for the staffing agency. I began working for a region then transfered where I was place at a client. When I began with the client, my client supervisor told me not to worry about mistakes and to just get through the data as quickly as possible. I would often not only catch my own mistakes but hers as well and would point them out. At one point after being on as a contractor for a few weeks, I asked her, as I had the previous 2 if she was satisfied with my service and if there was anything I was able to improve on. She had an outburst and asked me to leave. She then called my supervisor with the my employer and told her I was being incredibly confrontational. 2 weeks later, I was asked to leave the project and subsequently transfer from full-time to temporary status and have not been placed since. I never really understood why I was transferred. I was told only that the client felt I was being confrontation with the check in and the program wasn't a good fit for me. It wasn't until recently I was notified that the client had said I was making too many mistakes. I don't know what else was said because employer will not allow me to view my employee file.

I feel as though the statements made to my employer were false and slanderous and have subsequently caused me to not be able to obtain employment within the organization. The woman at the client has had interorganization harassment suits filed against her and is known for harassing employees as well as temporary help. is there any action I am able to take against the client or my previous employer?

1 answer  |  asked Feb 28, 2011 1:51 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
if you can prove that the employer made a false statement about you, the statement constitutes per se defamation, and you do not have to demonstrate damage. if you lost pay as a result, that's provable damage. if you would have obtained other jobs through the placement agency, you may also have a statutory claim. all this hinges on your getting corroboration of what was said about you, which i assume was told to you by the agency. (your statement is not clear as to who told you your supervisor said you were confrontational, and who told you she said you made too many mistakes: was it someone at the client? or someone at the agency?) you are entitled to a copy of anything in your personnel file that you signed, and you are entitled under the labor code to inspect your personnel file. but i guarantee that if you insist on seeing your file, by the time you see it all records of the defamatory statements will have been removed. there are ways to deal with this, but you need to consult with an attorney experienced in employment defamation matters. you can find one in your area by going to the california employment lawyers association's website, you can search by city, county, and specialty. good luck!

posted by Janet M. Koehn  |  Feb 28, 2011 2:04 PM [EST]

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