In California, is it legal for employers to give bad reports on former employees?

tallerfella

All they are supposed to say is if you would be eligible for re hire........

djspinrite

I found this on the site listed below:
"Your former employer does not have carte blanche to say just anything about you. But a former supervisor can give candid assessments of your job performance, if the information provided is accurate and can be backed up. Unless the reference is slanderous (false and mean-spirited), a mere bad reference isn't actionable. Suing or threatening legal action can make a bad situation worse. The supervisor may say, "I fired this person, he used me for a reference, then sued me for telling the truth."

Try to restrict your reference to the human resources department, which usually will only supply a neutral reference of the dates of employment and salary. Or, if you have a good relationship with someone else in management, or perhaps a co-worker, they may offer a much better reference. Unfortunately you are stuck with the nature of your departure (being fired rather than quitting), but after the next job, that should be far less important. Most people can bounce back from a firing, especially if they take extra care the next time around to find a company and environment that suits their talents and temperament.

Consult with an experienced libel and slander attorney in your area if you believe you have suffered harm from the false and harmful statements of another."

If they are making it up they are open for another lawsuit. But if you use a functional resume you can effectively hide them from view.

With myself I have been self employed during the bad former employment periods.

michr

yes it is legal

it is legal in every state

the information must be accurate and documented

the laws actually protect the employer.....
for a company to be in violation they must "know" or "should have known" the information was inaccurate or false.

it is a policy decision by many companies to not give out certain information as a protection. there are supervisors and managers in their businesses that don't always think before they speak or are vindictive, so the companies protect themselves from them self by setting such policies.

KNN

Well, if the HR department asks the right questions such as
Would you hire this person again? Legally the past employer can answer, and hopefully that answer is yes. I know this for a fact because I have worked legal for over 13 years.

dagedajie

Might be depend on the specific situation i am afraid!

elenanita

Yes, it is illegal to say anything negative. You prospective employer may ask your former employer if they would hire you again. A former employer is allowed to say no. So you may want to do your own reference check to see what they are saying. And just so you know, sometimes the world is really small. Someone in the new company may have a friend in the old company and will get "the scoop" on you. Or if one of your old collegues is now working for the prospective company, they may tell what they know. There are many ways to get around this law.

jarrod881

They are only suppose to verify that you worked there, your title, what dates you were there - not much more. They would be liable. And any HR department with 1 brain cell knows that.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: