Legal Question in Employment Law in California
Employment
I have recently been refused 2 jobs due to bad reports given by my ex-boss. I heard that it is illegal for an employer to give bad references about an ex-employee. Is there such a law? If it exists, what is the name and code number of the law. Thanks for your help.
1 Answer from Attorneys
Re: Employment
Nice try. No brass ring. An employer has the same free speech rights as employees to speak the truth and his opinions. But, if you can prove he is saying objectively false things about you, it is grounds for a defamation lawsuit. FALSE things like you were fired for theft if you weren't, not negative opinions like he thinks you're the worst attitude employee he's had in years, etc. However, any employer that openly says negative things risks being sued, so most won't do that. In your case, if you can't prove defamation, an attorney threat letter to the employer still might just quiet him down so you can find work. Feel free to contact me if serious about taking either action.