Legal Question in Employment Law in California
Bad-mouthed by previous employer.
How do I find out if I am being bad-mouthed by my previous employer? What can I do about it? I worked with the same lawyers for 8 years. The last year of my employment the work environment deteriorated to the point that I could not handle the pressure. My job performance was excellent and was up until the day I left. People were being hired and fired. People were leaving. Certain members of this firm were waiting for people to go to lunch and then surrepticiously going through their desks and computer while they were gone. It was the most horrible experience I have ever been through. Now, after a break of approximately 8 months, I am aggressively looking for work. Within a 2-week period I have gone on 8 interviews. All of which went well, I passed all my tests. Once I give the potential employer my last reference, I do not hear anything more from that employer. I have gotten some feedback and basically my last employer is telling these potential employers that I am not eligible for re-hire, or my last employer will not answer any questions. And who knows what else is being said! This is hurting me and I need to make a living for myself. How can I protect myself against this? What are my rights?
2 Answers from Attorneys
Re: Bad-mouthed by previous employer.
Have someone call them for a reference as if you were up for a job. See what they say - Probably nothing. If they lie about you, then contact me to discuss a slander case.
Re: Bad-mouthed by previous employer.
Unfortunately, your rights are very limited when you use a former employer as a reference. It is not unlawful for an employer to provide a negative reference, if it is phrased as an opinion and they believe it to be true. They can also state you are not eligible for rehire if that is truthful. It is also common for employers to refuse to provide any personnel information, leaving the prospective employer to speculate about you.
You would have a case against this firm if you could prove that they provided false facts about you to an inquiring employer for a malicious purpose. Obviously, this is not easy to do.
You will probably have to get a friend to call on your behalf and make an inquiry, or hire a private detective to pose as a prospective employer to find out exactly what is being said about you.
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