Employment references validate a worker’s job history and performance. Workers may provide information about a prior employer as a reference when seeking a new position at a different company.
Frequently, reference checks simply validate that a worker performed their job as required and how long they held their position. Sometimes, current or former employers make negative, even defamatory statements about employees. People may lose opportunities because of what a former manager or someone from Human Resources says during a reference check.
Do workers have rights in those situations?
The law protects workers from defamation
Employers have the right to disclose basic information about employment history. They can confirm the duration of the relationship, the nature of the position and other basic details when an outside party calls to validate employment history.
In cases involving a reference check, a former employer can provide far more details about a worker’s history with the company. Most of the time, it is legal for a former or current employer to provide information about performance concerns, attendance issues and other complaints regarding a worker’s history with the company.
However, in cases where the intent behind sharing that information is malicious and the goal is to prevent the worker from leaving their job or securing gainful employment elsewhere, a professional may have grounds to take legal action in response to the unnecessary and harmful disclosure of information. Especially in cases where the details provided are inaccurate or taken out of context, professionals could have grounds for litigation.
Reviewing what happened during a negative reference check with a California employment law attorney can help frustrated professionals understand and make use of their legal rights. Defamation of a former employee can be an actionable form of business misconduct in some cases.