Legal Question in Employment Law in California

Job Reference Findings Disclosure

After several interviews and conversations with a prospective employer I was told that, pending a successful background check, an offer for employment would be made. During the background check the employer also decided to contact my previous employers. To make a long story short, I have an excellent track record, supported by documented performance reviews and recognition awards, however I think that a particular past employer of mine felt betrayed by my leaving. After the conversation with this particular employer the new company decided to not extend an offer.

Am I entitled to the information gathered by the prospective employer? Are they (can they be) required to provide this information to me? I casually asked them for the information but have not demanded it (yet) as I am still trying to strike a deal with them.

Thank you for your help.


Asked on 8/21/01, 11:27 am

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Job Reference Findings Disclosure

they do not have to give you that. you might have someone call your old job pretending to be an employee and see if they are saying anything untrue which they could be sued for.

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Answered on 8/29/01, 5:53 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Job Reference Findings Disclosure

I would add to what Ken said that, if you have filed an unemployment claim, you may find out from EDD what your employer told them the reason for your leaving was. Sometimes, the reason is the same they are telling prospective employers. Also, you have the right to review your personnel file, even though you no longer work there, to see if they have put negative information in your file.

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Answered on 8/30/01, 12:31 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Job Reference Findings Disclosure

If their decision was based upon a negative reference and you feel comfortable with the interviewer, you should speak to him/her about the details of what was said to them, or at least find out who gave the negative reference. If your former employer is giving a negative reference with no basis for doing so, you may have a defamation suit against that former employer. You might want to speak with an employment litigator who handles such cases.

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Answered on 8/30/01, 3:19 pm


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