[cobalt-users] OT RE: was Employee Problem

["Dan" <dan@xxxxxxxxxxxxx>]

>  >> Well, once you've dealt with the actual problem, I should think that
>  >> letting a bunch of people who administer Raq servers know who
> this person
>  >> is might be a good thing. That way, no one who reads this
> list will get
>  >> stung by the same guy.
>
>  >Bad idea, defamation of character unless you already convicted
> him of it..
>
> Actually not true.  Truth or facts are an affirmative defense for
> claims of
> defamation.  And one can even mention that someone is accused of
> something,
> as long as one says "so-and-so is alleged to have locked Joe
> Schmow out of
> their Raq system before leaving employment."
>
> And one could certainly, without any risk, state "so-and-so worked for
> me.  He did not leave on amicable terms. He would not be eligible for
> rehire"  and that would definitely get the message across.
>
> I just strongly feel that people who are that destructive deserve to have
> their deeds be known.
>

IANAL, and I suspect neither are you. When so-and-so sues and says, "I
didn't lock him out of his RAQ. When I quit, he changed the password and
then forgot it and tried to blame me." You have some trouble on your hand
when you say anything negative about a former employee. I suggest you
consult an attorney that specializes in employment law. I think you'll find
their advice is to say nothing negative at all but to only confirm the
employee once was employed there for a specified period of time. Unless
you're prepared to go to court and spend the time, money and effort to prove
your allegations, you're better off saying nothing else about a former
employee besides their dates of employment. Even giving false favorable
references can leave you open to a lawsuit by the new employer.

--
Dan Kriwitsky