Legal Question in Employment Law in California

Re: Blacklisting/Bad References

It is unlawful for an employer to retaliate against an employee for making a complaint about being sexually harassed. This includes retaliation in the form of a bad reference, assuming the facts given prospective employers are knowingly untrue.

There is also an anti-blacklisting law in California, making it illegal for employers to intentionally make false statements about former employees to prevent them from getting a job.

You may sue under either or both laws. You should confer with an experienced employment law attorney in your area to get more detailed advise and a better analysis of your case. There are strict deadlines that apply so don't hesitate if you wish to pursue this.

Re: Blacklisting/Bad References

If the layoff can be shown or argued to be in retaliation for the complaints, that is grounds for a suit. If you can prove 'false' statements are being made, that is also grounds; proof is through someone testifying they heard a specific person at the company make a specific statement that turns out to be false. You need an attorney that knows the law in this field. Contact me if interested.