Introduction
When you lose a job, what your former employer reveals to your prospective employer determines, to a large extent, whether you get the job or receive a rejection letter. Luckily, California reference law protects you from the obligation on certain forms of information he or she give to your prospective employer. So, if your previous employer breaches the law making you lose a job opportunity, you are entitled to a legal claim. You should, therefore, provide an honest list of your previous employments regardless of whether you left any of your past jobs on good terms or not.
Limits
The following are limits to the privileges protecting former employers on the information they can provide about you.
- Malicious statements; the law prohibits your previous employer from making statements founded on malice against you
- Unsolicited Communications; your past employer does not enjoy protection from the privilege should they deliberately contact your new or prospective employer,
- False statements; your employer is not allowed to make false statements about you.
- Protected activities; your employer has the obligation not to make statements about you pertaining some speech or activities that the California constitution prohibits.
The defamation claim
You can bring a defamation claim if your former employee makes false, an adverse statement about your performance to your potential employer who requested for a reference. The statements, then, prompts the prospective employer to decline to employ you on account of the damaging reference. Your past employer must have sound evidence for any assertion he or she makes about you. They cannot report untrue statements based on workplace gossip or rumors to your probable employer.
What California reference law says
Your previous employer does not contravene the law so long as they only provide the information your prospective employer asks for it, and act without malice. The law explicitly states that the protection covers your statements on your job performance, eligibility for hire and qualifications. However, statements on your union or other rigorous activities constitute a violation of the law. Similarly, you can sue your employer if he or she acts with careless contempt of their trust.
Conclusion
California reference law is solidly fact-specific and depends on the precise situation surrounding each case. So, if your past employer defamed you, pursue the law to recover damages from the employer. Any other form of misrepresentation from your previous employer amounts to flouting the law; they cease to be immune to employment reference law claim from you.
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