Legal Question in Legal Ethics in California
Letter of Recommendation
after our 9th receptionist left I was told they would not hire anyone eles that it was slow enough I could do both jobs, I am the administrator assistant. After 8 years they came to me and told me I had no vacation left and that if I went on my cruise, it would not be paid ( it states on time card that I have a remaining balance of 64 hours. I gave a two week notice with the understanding that I would be compensated for the vacation. They informed me not to come back. After one month I still have not recieved my final check for the last days of work or my vacation pay.I have since ask some of the agents, to give a letter of recommendation and they gladly said yes. After a week I wrote one back and ask about the letter and they were informed by the owner of the company that they better not give me the letter of recommendation. Can an employer tell someone not to give me the letter?
1 Answer from Attorneys
Re: Letter of Recommendation
Your facts are not very clear, although I can put together enough of your information to understand that you have been laid off with pay still due you.
Also, your former owner/boss refuses to let employees give you a letter of recommendation.
As to lack of pay, you have the California law on your side. The fact that you have not been paid after one month is a violation of California law.
As to the owner forbidding employees to write a letter of recommendation, the employer can control the actions of the employees, but he cannot slander you (that is "defame" your character. Legally, it would be important to find exactly what was said about you tho those willing to write letters.
You need to run this by a labor attorney.
Please feel free to e-mail, or call, my office if you need more help.
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