Legal Question in Employment Law in California

my ex employer is giving me a bad referral

My ex-employer is preventing me to get a job. About 5 months ago, I left her company for a better pay AND benefits. Now that I'm searching for a new job, she is giving me a bad ref., implying that I lied on my resume. I didn't even got paid for my vacation, just to compensate her for my abrupt leave. All the jobs that I've applied to (w/ the requirements of contacting my previous employer)she tries to sabotage, even inquisiting & listening in my ex-coworker (the one i put for references)when someone calls regarding about me. What action can I do to prevent her from doing this? I was told that what she's doing is illegal, is this true?

Asked on 2/22/01, 1:16 am

3 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.
0 users found helpful
0 attorneys agreed

Re: my ex employer is giving me a bad referral

You do not owe your employer any compensation if you leave without notice, assuming you did not have a written agreement that says otherwise.

Even if you quit, your employer is required to pay you for all accrued vacation time (going back two years), which is considered wages. The employer is required to pay you whatever wages you have earned (including vacation time) within 72 hours after you quit. If she didn't, she is required to pay you a day's pay for each day you have to wait, up to 30 work days. If you quit five months ago, then you would be entitled to all your accrued vacation time, plus 30 days' pay. Contact the California Labor Commissioner to make a claim. You should do this as soon as possible, because there is a time limit within which you must make the claim.

As for the bad reference, if your employer makes false statements about you, you would need to bring a lawsuit in order to collect damages.

Feel free to contact me if you want assistance.

Read more
4/04/01, 3:32 pm
Stuart Kaye Law Offices of Stuart M. Kaye
0 users found helpful
0 attorneys agreed

Re: my ex employer is giving me a bad referral

It is unlawful for an employer to make false statements about a former employee. You are also entitled to payment of your accrued vacation wages. Contact your nearest office of the state Labor Commissioner.

Read more
4/04/01, 9:33 am
0 users found helpful
0 attorneys agreed

Re: my ex employer is giving me a bad referral

You may have a slander case against your former employer. Please contact me directly at (619) 222-3504.

Read more
4/04/01, 11:19 am

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88273 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now