Legal Question in Employment Law in California

Re: Waiving rights to hold reference liable for misrepresentation or false comme

A release agreement is only valid against the employer with whom the employee is signing the agreement with. It is not effective against former employers who are not a party to the agreement.

While there is a privilege for employers to give their opinions about the ex-employee, whether positive or negative, there is no privilege to blackball the employee, as covered under Labor Code section 1050. It is my opinion that no waiver can protect an employer from a violation of section 1050, though I must caution that these cases are very difficult to prove.