Question about slander (Kansas)

[nomoneynomore]

First a summary of the situation. In December my husband quit his job to accept a new position clear across the state. We moved here the first of January. He had received very good reviews from his boss here since starting. Monday when we got back from a weekend vacation, he was informed he was being terminated. When asked why he was told it was because he was being dishonest, but wouldn't say about what. A friend of ours who owns a business (and offered hubby a job) called said employer to do a background check. When asked why he had fired hubby, said employer told friend that hubby had lied about quitting his last job, that he was actually fired from it as well (friend has all calls recorded). This is NOT true. Hubby actually quit over the phone so we would be able to record the conversation since we knew the kind of person that boss was so we have solid proof of his quitting not being fired. (In Ks, it is legal to record as long as 1 of the parties is aware of it.)

My question is will we be able to sue either or both employers for slander and defamation of charactor in this situation?

The research I have done says we should be able to sue for the actions as well as punitive damages. I am wondering if anyone has knowledge of this or has dealt with this situation.

I would think given the situation that punitive damages would be awarded also. He has sent out over 100 applications this week & all but 17 of them he had to stated he was fired for lying. Who knows the extent of damage to his reputation right there. Also, since our home is through the employer we have the stress of finding a house for our family w/ small children AND a job in less than 2 weeks. Nobody will rent to someone unemployed, we couldn't afford rent even if they would & having been fired for lying makes getting an interview not the easiest thing to do.

[Peeps]

I'm pretty sure you can go after the guy who has repeatedly made claims about your husband lying. That appears to be willful and malicious, plus you have proof that it is factually incorrect. The first employer might just be incompetent (not malicious). My perspective comes from being a manager in a large organization with a very skittish HR department. We were absolutely forbidden from telling anyone the details around someone's termination because it invited lawsuits. The kind of lawsuits that get very expensive very quickly.

It is also possible that you could go after the guy for wrongful termination in the first place. That can be more difficult to navigate because "at will" can come into play. But combined with the nasty phone allegations that appear to be damaging your husband's ability to find employment, it really does take on a different complexion and seems to resemble some kind of vendetta. I'm sure there are plenty of human resource lawyers out there who could help sort through all the facts and determine if this is worth pursuing. Best of luck.

[nomoneynomore]

I had forgotten to mention WHY on suing the first employer. HE is the one who told the second employer that he fired hubby. That is where the second employer got the information from. We have no proof of who contacted who, but second employer stated in call that he learned he was fired from the first one from the first boss. Do you think that would change that situation at all?

[Flamingo]

I suggest you get a consultation with a Labor Law attorney in the state in which you now reside who can correctly advise you on this situation. Many give free initial consultations as they do in bankruptcy, personal injury, etc. Make a complete, chronological listing in printed format, and copies of any and all paperwork you have regarding the matter and take them with you. Best of luck to you...

[justbroke]

Yes, these he said/she said allegations can get very confusing. I concur with flamingo on seeking the advice of a labor attorney in your area to see if there is a clear case.