Legal Question in Employment Law in California

what can i do about a employer how send,s out bad information to company,s i apply to for work.


Asked on 8/19/09, 8:47 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It is illegal for employers to blackball former employees (Cal. Labor Code section 1050), but it is not illegal for an employer, who is used as a reference, to give honest opinions of that employee. This includes negative opinions. If you can prove the employer is providing false statements of fact to prospective employers, seek the advice of an experienced employment law attorney in your area for an evaluation and to discuss your options.

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Answered on 8/19/09, 12:46 pm
Terry A. Nelson Nelson & Lawless

If you are saying the past employer is making false statements about you, that amount to 'slander' that is keeping your from getting hired, then you could have an attorney write them a 'threat letter' to get them to stop. IF you have actual proof of slander, through witnesses who were told the 'lies', then you could sue. The burden of proof is on you, and without witnesses or documents proving what you allege, you wouldn't win. If serious about pursuing this, feel free to contact me.

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Answered on 8/19/09, 2:03 pm


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