Legal Question in Employment Law in California

When you use a former employer as a reference, you are giving them permission to state their honest opinion about you, even if it is a negative one. However, an employer cannot state false facts about the employee. If the facts are provably false and causes harm to the employee, there may be a claim for defamation or even a statutory claim prohibiting blackballing.

If you believe your former employer is stating false facts about you, you should consult with an experienced employment law attorney in your area, for a more informed opinion and to review your legal options.

The truth wins every time. An employer can't 'slander' you with falsehoods, but can tell the good, the bad, and the ugly, about you if asked, and that includes their opinions of you if based upon the facts. Most employers won't give references, good or bad, to avoid being criticized or sued, even though they could win such suits as long as they stick to the truth.