Legal Question in Employment Law in California
potential libel/defamation activity from former employer
I was recently asked to resign from a small struggling start-up firm for ''performance reasons.'' When I asked for examples, the mgmt could not give me any specific ones. I received no verbal or written warnings, and there is no documentation I am aware of. I was told that if I resigned, they would tell people that I quit. If I did not resign, they told me they would have to tell prospective employers that I was fired. Since I left, I have heard from employees of the companies that they held a meeting and told everyone that I and the other person they ''asked to leave'' were fired for performance reasons and that they gave us many warnings. What are my rights? What are they allowed under CA law to tell prospective employers about me when they call to verify my employment? Additionally, I am hearing from colleagues that have talked to the mgmt and who have told them they ''let me go.'' can this be considered libelous or defaming?
1 Answer from Attorneys
Re: potential libel/defamation activity from former employer
They are allowed to say anything they want to say about you as long as what they say is true. If they say anything about you that is not true and is derogatory then you may have a claim for defamation.