Full question:
What information can a former employee give a prospective employer about a former employer within the law?
- Category: Employment
- Date:
- State: National
Answer:
Former employees can share certain information about their previous employer, but they must be careful to avoid defamation. Defamation occurs when a false statement harms someone's reputation. For a statement to be defamatory, it must be false, communicated to a third party, and not protected by privilege.
Truth is a complete defense against defamation claims. Therefore, employers should always provide truthful reasons for termination. In California, it is illegal for an employer to harm a former employee's reputation through false statements. Employees are protected from insults, slander, or libel under the California Civil Code.
If a former employer misrepresents information to prevent a former employee from getting a job, they could face civil liability for treble damages (California Labor Code §§ ). Employers are also responsible for the actions of their employees regarding defamation.
California Labor Code § 1050 states that any person who prevents a former employee from obtaining employment through misrepresentation is guilty of a misdemeanor. Employers can provide truthful references upon request, including reasons for termination, without facing liability as long as they do not act with malice or provide false information.
In summary, while former employees can provide information about their past employers, they must ensure that it is truthful and not damaging to the employer's reputation without basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.