Legal Question in Employment Law in California
I cannot get hired for a job because the company I worked for before is giving a bad reference about me because I sued them for not covering for my health insurance when I had been hurt at work. What can I do?
4 Answers from Attorneys
Employers are legally allowed to provide truthful information about a former employee but not false facts. So, it depends on what the employer is saying about you that will determine whether you may be able to take legal action against them.
If you know exactly what is is they are telling prospective employers that is preventing you from getting hired, review the facts with an employment attorney for a legal opinion about your case.
If they are saying something untrue, contact me.
Best,
Daniel Bakondi Esq.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
Daniel Bakondi, Esq. [email protected] 415-450-0424
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San Francisco Litigation Attorney
You should not be slandered for asserting your rights. This matter should be investigated. Contact me directly.
'Bad reference' is not necessarily the same as 'slander'. If you can somehow prove they are lying about you, that would be slander and grounds for a lawsuit for whatever damages you can prove they caused. Telling the truth about your employment, or saying they didn't like you or thought you a poor employee is within their rights. You'll probably have trouble proving either, since it would require a prospective employer testify exactly what was said about you [which would have to be provably false] , and admit they chose not to hire you because of it. Even it you can't prove slander, an attorney contacting them might 'persuade' them not to keep doing this. It might be worth hiring an attorney to do so. Feel free to contact me if serious about taking action either way.