Legal Question in Employment Law in California

Re: Defamation of Character - Bad References

The value and strength of your case depends on what was said by your former employer and what evidence that have to support the statements. I would take all of your evidence to a local employment law attorney for a consultation. Let him or her advise you on the propriety of sending a cease & desist letter and/or litigation.

Re: Defamation of Character - Bad References

Stating false facts about a former employee can be a violation of California Labor Code section 1050 (commonly known as an anti-blackballing statute), as well as cause for defamation. Of course, what was said about you is an important consideration in what course of action to take. For example, if your former employer accused you of being a thief, this is patently more serious than if they said you didn't meet their expectations. Sometimes, a cease and desist letter is the best option. Sometimes, a lawsuit is more appropriate. Review the evidence you have with an experienced employment law attorney to help you decide what to do.

Re: Defamation of Character - Bad References

"Strong case"? Only if you can prove knowingly false statements of actual facts that are critical to you getting a job, maybe. That would include false allegations of criminal behavior, misconduct, drugs or alcohol, violence, etc. Statements that you 'did a lousy job' or 'we didn't think he was any good' or 'he couldn't be rehired' are generally not sufficient. IF you have a company willing to so testify as indicated, you are way ahead of most such claims. If so, contact me to discuss the actual facts and potential remedies you may have.