Can previous employers call other companies to dissuade them from hiring me?

I am a specialty pharmacist in California. I left company A, with a non compete contract (Non enforceable here in California). As I am looking for jobs in our area (Small community), Company A has been calling prospective pharmacies telling them they have no business talking to me much less hire me because I have a non compete contract in this specialty pharmacy area (compounding). This is harming my chances at earning a living. So my question is...what law are they breaking? They are telling them that I have a non complete clause (Which is technically true, but illegal in CA)..slander?? They are providing this information without even being solicited (e.g. job reference). Thanks for any help/

SnitchMO

In the state of California, there are only 2 questions that a previous employer can answer legally: They can verify employment dates and they can tell you whether an employee is eligible for rehire. They can NOT divulge any negative information, nor can they provide unsolicited information. HOWEVER, due to the creation of the Department of Homeland Security, some positions are now considered "Safety-Sensitive", and are subject to further scrutiny. For example, trucking industries are required by law to obtain and give information pertaining to drug-testing programs and results.

As described above, company A's behavior is not slanderous since what they are saying is true. HOWEVER, their behavior clearly sits in the borders of defamation and malice. However, YOU must provide proof that they are, in fact doing this. I would suggest contacting a lawyer that specializes in labor law.

Love Canada

What goes around, comes around

I'm not an attorney, but California labor laws are pretty tough on employers. It sounds like what they are doing is slander and you can probably sue them for that. I would seek official legal advice. I was a manager and I know that if a company would call for an employee reference, I could ONLY tell them that the employee worked for the company. Anything else would put me in a legal situation. So if I were you, I would seek legal advice and proceed, especially if this is hurting your reputation and/or your chances of being hired elsewhere.

Bizwiz

It is also my understanding that it is not legal. All a previous employer can do is verify your length of employment and what you earned. I used to work for an employment agency and I was not allowed to give much info regarding previous employees.

lilmizmoore

No, it is illegal.. If a previous employer gets a call from a current/prospective employer legally all they are allowed to say is whether or not the person worked for them, but many companies will go on to say if that person was reliable, etc, which I think is okay. If however a previous employer outright slanders an ex employee and gets on the phone and makes calls that is illegal and they can be fined big time.

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