Legal Question in Employment Law in California

References and Privacy

I'm currently interviewing for a job and feel that there have been some discrepancies in the reference check process.

I provided a list of ten references (four professional, three personal and three client references). I've been candid in that I did not want my current employer contacted. The prospective employer is requiring it. I'm not comfortable with this as I don't want to burn any bridges or boot myself out the door if I don't get this new job.

Secondly, upon checking with one of my references (I'll call him Joe), the prospective employer asked Joe if he had the number for one of the supervisors I had listed on my application (whom we both used to work with). Joe gave him her number. I did not have her listed on my reference sheet because I had not consulted with her yet in regard to acting as a reference. I believe in always asking their permission first.

Is the fact that he asked one of my former co-workers for another reference an invasion of my privacy? Also, can they not offer me the job based on my desire to not have them contact my current employer?


Asked on 8/07/02, 2:44 pm

2 Answers from Attorneys
Frank Pray Employment Law Office of Frank Pray

Re: References and Privacy

Privacy in California is protected by our Constitution, and prohibits not only the government, but individuals, from invading privacy. Privacy is therefore a "fundamental and substantial" right. Invasion of privacy occurs where there is no clear consent to obtaining the information. Your limited selection of persons for references suggests that persons not listed are not included within the scope of your consent.

Damages for invasion of privacy are problematic in your matter. How distressed is a person reasonably to be in this circumstance? Was any particularly embarrasing or humiliating or sensitive information released?

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Answered on 8/08/02, 6:24 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: References and Privacy

Most prospective employers are understanding and accomodating when an applicant requests not to contact the current employer for obvious reasons. I would ask myself, "do I really want to work for a company that disrepects my wishes like this?"

If this is how they treat prospective employees, imagine how they must treat others. I would run from this company and not look back. They did you a favor by showing you they don't respect your rights.

Forget the lawsuit and move on.

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Answered on 8/09/02, 1:30 am


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