Legal Question in Employment Law in California
Black-balled???
I live in California and was layed off from a former employer(the paper I signed stated ''termination,financial necessity''...but I believe in reality I was ''fired'' due to reporting harassement from my bosses daughter at the workplace. I am now getting denied jobs and have a feeling I am getting ''black-balled'' by this former boss. My question is,in california, what is a former boss legally entitled to tell a prospective employer? Is it just date of hire/date I left?? Or can they report personal things such as how I got along with co-workers,job performance etc?? And how would I go about finding out whether or not I have been ''black-balled''?? Any thoughts/advice would be GREATLY appreciated as I have two small children to support and I feel this is greatly effecting my employment chances.
1 Answer from Attorneys
Re: Black-balled???
An employer may not make a misrepresentation that attempts to prevent a former employee from securing an employment position. However, an employer, upon special request may provide a truthful statement as to why the employee was discharged. Providing a misrepresentation or providing info without special request would be in violation of the Labor Code and subject to a civil claim that could result in treble damages against the employer.