Legal Question in Employment Law in California
Employment Verification for Job Promotion
I work for a large company and I applied for a position that will promote me. I had my job interview with the other department and it was a very good interview and I was very much liked by this person, I was told this by the manager who interview me. I received a voice message from the hiring manager letting me know she did not think I would not be a good fit for the position based on the information my current manager gave her. She was told that I had issues I was going through and she did not think I could handle the workload. I have had several meetings with my current manager telling me how dependable I am and how she has nothing to worry about when it comes time for her to give me a project. My question to you, is that legal for her to give me a bad review to a hiring manager when I know she is not telling the truth? Thank you for your time and I trully hope I get a response back from you.
1 Answer from Attorneys
Re: Employment Verification for Job Promotion
Employers have, what is called "managerial privilege" to rate or assess an employee's skills and abilities, without fear of being sued. Thus, their opinions, even if provably incorrect are not actionable at law. The courts will not permit employees to use them as some sort of appellate forum to challenge their employer's assessment of them.
The fact that someone is lying about you is not of much help to you in a legal sense. Managers often lie, for any number of reasons. But unless it takes the form of defamation (for example, if you are falsely accused of stealing or using drugs), proving they lied is not a basis for a lawsuit, unless it is done as a pretext for some other unlawful motive (i.e. discrimination or retaliation).
If you believe there is more to this story, you should take the time to consult with an experienced employment law attorney in your area to get proper legal advice on how to handle your situation.
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