Legal Question in Employment Law in California
Employment Verification from previous employer
I have been seeking employment and just recently found out my old supervisor is disclosing information about me. a)Volunteering information not requested i.e; that my attendence suffured because of a medical condition. b) I was terminated because I refused a drug screen.
The medical condition was a hernea and I resigned not terminated.
Do I have a case?
3 Answers from Attorneys
Re: Employment Verification from previous employer
Cases such as yours depend on the existence of documents or witness that will substantiate your allegations. So, if you do have documents or witnesses then you have a case.
Contact me or any attorney in your area to discuss the matter further.
Re: Employment Verification from previous employer
IF you can prove through witnesses or documents that false and damaging private information is being disclosed, then yes, you could bring legal action.
Re: Employment Verification from previous employer
This is a horrible situation with difficult standards of proof. There are tort claims and privacy claims at issue. You must be able to prove with statements from third parties that your supervisor told them this informaiton and because of this information you were harmed, denied employment, etc... One way to establish this proof is to have a perspective employer who did not provide you with a job because of the reference/verification confirm in writing why and what was said. Another manner in which to confirm this is through a reference check or background check company.
However, these are difficult cases to prove. They are, as you know, emotional and stressful. I encourage you to seek legal counsel in your area or contact our office if you have any further questions.
Best of luck, Beth Mora
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