Legal Question in Employment Law in California
Bad-mouthing an ex-employee
Can a previous employer bad-mouth an employee who quit, but gave a 2-month notice?
If it is not accepted,what law prevents him from doing so?
Who can represent us?
My husband was unable to get the job, because of his previous supervisor.
Thanks in advance for your time and expertise!
2 Answers from Attorneys
Re: Bad-mouthing an ex-employee
Former employers can legally provide truthful information regarding employees to prospective employers. However, an employer cannot maliciously "badmouth" a former employee; that would be defamation. There are employment reference checking services that will contact your former employer and seek a reference; the service will then provide you with a written report regarding the reference. Often, these written reports can be used as evidence to establish the employer's liability for defamatory statements. You should consult with a local employee rights attorney for further assistance.
Re: Bad-mouthing an ex-employee
If they are giving out false info, they are risking a defamation action. Truthful info being given out is generally protected. Either way, a letter from an attorney would likely stop it from recurring. Contact me if interested in pursuing either avenue.