Legal Question in Employment Law in California
Former employer retaliation
A former employer has told an unknown number of potential employers and definitely one bank that I was fired for "inappropriate behavior." I have a copy of a letter sent to the bank where I was applying for a loan. The bank had called simply to verify employment dates. The "inappropriate behavior" was my legal action against a client of the company. I was fired by the company and subsequently settled both cases.
2 Answers from Attorneys
Re: Former employer retaliation
Labor Code Section 1050 prohibits an employer from using false statements to prevent a former employee from getting a new job. In fact, the practice is a misdeameanor. Labor Code Section 1052 provides for a civil penalty of treble damages. The same false statement can also be a basis for defamation per se because it impugns professional competency. Each such misrepresentation will give rise to a new cause of action with an independent statute of limitations. Obviously, these incidents are difficult to track. You may want to use an investigator specializing in these kinds of wrongs, such as www.badreferences.com. To adequately evaluate your matter, I'd need more information on the financial and emotional losses you attribute to this bad reference.
Re: Former employer retaliation
Sounds like you have a great case for defamation. If you are located in Southern California, call me for a free consultation at 818-342-9020 x1 Thank You,
Norman Gregory Fernandez, Esq.
www.norman-law.com
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