Legal Question in Employment Law in California

Contractor blacklisting

I was contracting at a big computer company, as an employee for agency X.

For various inept reasons, I was terminated "with cause". This termination was not based on any illegal action on my part, but rather in their words, "not meeting standards for a lead position".

I was told that by agency X that I may not ever contract with the big computer company again, regardless of who I was contracting (as an employee) with.

Unbelieving, I became an employee with a different agency to work as a contractor at the big computer company.

In the badging process, my name was found in the big company's database as being unwelcome, and my employment was terminated again (after 4 hours).

The badging process had required my SSN and Drivers license #, and I'm sure this (and my name) is what they based their badging refusal on.

I consider this blacklisting, isn't this illegal?


Asked on 10/01/99, 2:28 am

1 Answer from Attorneys
Roger Renfro Renfro & Associates Law Corporation

Re: Contractor blacklisting

Based upon the facts as alleged, it would appear your employment was terminated by the lessee employer. No doubt, your actual employer, the leasing company, was instructed by the lessee to inform you not to apply for employment with the lessee under any circumstances, including direct employment. Many employers mark a former employee's file as being ineligible for rehire. This same principle generally applies to leased employees. If you have a complaint at all, it may rest with your actual employer, the leasing company. I would suggest you contact them to find out the real reason for your not being eligible for rehire. If the reasons stated are invidious (e.g., age, race, sex discrimination), you should discuss your situation in detail with an employment lawyer.

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Answered on 10/05/99, 11:26 am


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