Legal Question in Employment Law in California

employer / employee references

how much information can my old employer blab about to a new prospective employer when it's only a simple reference check, not a background check?


Asked on 10/22/07, 8:05 pm

1 Answer from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: employer / employee references

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.

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Answered on 10/26/07, 12:43 pm


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