|
I would not go down that legal path at this stage because
(1) it's going to cost you whatever the outcome (2) it's going to be hard to
prove anything because (I assume) you don't know exactly what was said and
(3) what do you get at the end of it? Are you going to sue them for
defamation? Your objective is to make sure they don't keep doing
this.
Here's a suggestion. Get a mate to call up pretending to be a
recruiter or potential employer and ask for a reference. Make sure you take down
word for word everything said (it is illegal to tape a telephone
conversation surreptitiously, so I am not going to suggest you do this ;-) This
achieves 2 things, one you have a transcript, two you have an independent
witness. Now, if you feel the reference is defamatory, at least you have
something to proceed with.
If you think you have a strong case, you might want to pay for
a lawyer to help draft a stern letter to lodge an official complaint. If you go
to one of the suburban lawyers to do this it shouldn't cost too much just to
draft a letter. Even better, if you have a friend in the legal profession who'll
do it for a few beers. Or you could just write it yourself. This letter
should state your case based on what a potential employer has told you about
what they said, and warn that unless they cease and desist making defamatory
remarks and stick to the facts, you will have to take the matter further because
their actions are depriving you an income. How strong you can
push this depends on what is actually said. Make sure the tone of the letter is
factual, detached and impassive, with no strong language or emotion. Copy
this letter to the head honcho of the firm. Send the copies separately by
registered post with return confirmation marked private and
confidential.
Likely outcome is (1) this person will at least get into some
trouble in the company because no business wants to receive a writ (2) they
will now be extra careful what they say because it could get back to you.
Mission accomplished.
I am not a lawyer, so this advice is free.
Regards: Ayudh
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