Legal Question in Employment Law in California

Fired

I was fired from my restaurant job. I went through 3 interviews at another place of employment, including with HR. They said they would call me on a Friday and Inever did. I called and asked if they made their decision. They decided against me because the employer at the restaurant I was fired from told him I had been fired. I thought it was illegal to give the reason as ''fired'' to a prospective employer? Thank you.


Asked on 4/19/07, 11:44 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Fired

It is a big misconception that former employers cannot tell prospective employers negative information about the employee, if that information was true. When you use an employer as a reference you are giving them implied permission to give out truthful information about you. If you were not fired, then you may have basis for a claim.

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Answered on 4/20/07, 11:31 am
Terry A. Nelson Nelson & Lawless

Re: Fired

They can say anything they like. IF it is provably false and damaging, then you have a slander suit.

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Answered on 4/20/07, 1:15 pm


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