Legal Question in Employment Law in California
Previous Employer References
I was fired from my job (truck driving) for failing a company drug test. I am now seeking new employment elsewhere. The employer that fired me is telling prospective employers that I failed my in house drug test. Is this legal. I have had two job offers recinded because of this?
2 Answers from Attorneys
Re: Previous Employer References
The Labor Code prohibits blacklisting and imposes civil and criminal penalties therefor. Feel free to contact us to discuss the matter further, including your remedies for this violation. (510) 891-9800
Re: Previous Employer References
If they tell only the absolute truth it may be 'legal', but is highly questionable as to invasion of privacy. If they are telling anything not provably accurate, they give you grounds for slander. If you want to stop them from doing this, or if there are grounds for a suit, contact me asap to discuss facts and fees.
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