Q: I was fired from an administrative job for a public-sector employer. My first boss has moved on and has given me excellent references, but my most recent boss is bad-mouthing me to anyone who asks, preventing me from getting a job. She has been telling people I was worthless at work after the recent deaths of two family members.
I never took more time off for the deaths than allotted by my employer's policy, although I was certainly grieving. Is there anything to prevent a former boss from speaking negatively about me?
—Initials and city withheld
A: You would need to consult an attorney for legal advice specific to your situation. In general, the law in your state permits an employer to disclose opinions and facts about employees; however, "the standard practice is to avoid" saying negative things, to avoid legal problems, including allegations of slander, says James R. Davis, a Houston employment lawyer. Most employers only disclose date hired and date last employed, he says.
As a government organization, your former employer has some protections under the law that help shield it from liability, says Bruce Coane, also a Houston employment attorney. And your former employer would likely defend itself in any suit by arguing that your former boss was telling the truth about your performance, he says.
That raises a tough workplace issue: Most employers set tight limits on bereavement leave; however, grieving can be devastating and can alter one's ability to work far longer than the standard three- to five-day leave. Whether a bereaved worker faces reprisal for any resulting performance slump usually depends on the front-line manager..................
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