Legal Question in Employment Law in California

what kind of recourse do I have for a new manager in my work place who I worked with approximately 6-7 months before leaving the company, now giving potential employers a poor work history. I worked for the company for 9-10 years with excellent reviews and a nomination for employee of the year. I have been denied at least 2 potential jobs because of this manager providing employers negative work history reports.


Asked on 2/17/12, 5:53 pm

2 Answers from Attorneys
Roy Kohler Law Offices of Roy Kohler

You may have several causes of action against the manager and the company he works for:

Interference with contract

Negligence

Negligent infrliction of emotional distress

Intentional infliction of emotional distress

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Answered on 2/17/12, 10:05 pm
Terry A. Nelson Nelson & Lawless

IF he is providing FALSE information about factual issues, yes, he is committing defamation and interference with your rights.

If he is only stating his opinion that you are not a great employee and he wouldn't hire you again, that is his free speech right to speak his mind. However, a strong warning and demand letter to the company should keep it from happening again. If serious about pursuing that, feel free to contact me.

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Answered on 2/18/12, 12:36 pm


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