Legal Question in Employment Law in California

Bad-mouthing an ex-employee

Can a previous employer bad-mouth an employee who quit, but gave a 2-month notice?

If it is not accepted,what law prevents him from doing so?

Who can represent us?

My husband was unable to get the job, because of his previous supervisor.

Thanks in advance for your time and expertise!


Asked on 10/28/05, 3:39 pm

2 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: Bad-mouthing an ex-employee

Former employers can legally provide truthful information regarding employees to prospective employers. However, an employer cannot maliciously "badmouth" a former employee; that would be defamation. There are employment reference checking services that will contact your former employer and seek a reference; the service will then provide you with a written report regarding the reference. Often, these written reports can be used as evidence to establish the employer's liability for defamatory statements. You should consult with a local employee rights attorney for further assistance.

Read more
Answered on 11/03/05, 3:59 pm
Terry A. Nelson Nelson & Lawless

Re: Bad-mouthing an ex-employee

If they are giving out false info, they are risking a defamation action. Truthful info being given out is generally protected. Either way, a letter from an attorney would likely stop it from recurring. Contact me if interested in pursuing either avenue.

Read more
Answered on 11/03/05, 6:28 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California