Legal Question in Employment Law in California
With signed waiver or not, what can former employer disclose about me?
I was terminated and I dispute the reasons for termination. I want to know, what can my former employer disclose about the reason for termination if I dispute the reason for termination? What can my former employer disclose legally about my termination having or not a signed waiver from me?
Thank you.
1 Answer from Attorneys
Re: With signed waiver or not, what can former employer disclose about me?
If you use a former employer as a reference, they may disclose to a prospective employer any information they believe to be true. If you were fired for a specific reason, a past employer may legally tell a prospective employer the reason they fired you. Of course you may dispute that and it will be up to the prospective employer to determine whether to believe you.
Former employers may not lie about you or take it upon themselves to contact prospective employers and tell them you were fired, unless you use them as a reference. By doing so, you are authorizing them to answer questions of the prospective employer, good or bad.
You might want to check with the former employer and ask them what they will say about you if used as a reference. If you don't trust them, have a friend or acquaintance contact the company posing as a prospective employer and have them inquire about you. If you believe you are being defamed or blackballed, see a labor law attorney immediately.