About 2 weeks ago, I discovered from my previous employer (a subordinate actually) that my current supervisor walked into my previous employer's office asking questions about the conditions of my employment there and whether I was terminated, etc. She didn't feel comfortable answering any questions and then called to let me know. Is this legal for my current supervisor to do? I also found out that she told someone else who supervises me that she was going to do this and they told he not to, but she did anyway. I have been harassed (unjustly) at work for over a year and this was the last straw. Can I do anything if I am still employed there? The other issue is that I am the founder of the organization where I was previously employed and this will ruin my career in the industry I am in.
Based on the facts as you've articulated them, I cannot identify any unlawful activity on the part of your current employer. Merely inquiring about your previous work history/conditions is not unlawful. These facts could hypothetically lead to some actionable misconduct on the part of the employer, but that would require additional facts. For example, if the present employer learned that you had engaged in protected activity at your previous job (such as complaining of discrimination, or violation of wage/hour laws, or workplace safety laws, etc.), and subsequently based an adverse action (like a termination, suspension, demotion, cut in pay, cut in hours, etc.) on that knowledge, that would very likely be unlawful. But, as I've said, that scenario is hypothetical only. Right now, I believe any legal recourse is premature.
Apart from that, you've mentioned that you've been "harassed" for over a year. "Harassment" has both a legal and a lay definition. The lay definition captures generalized mistreatment and unfairness. The legal definition, on the other hand, means that you suffered comments or conduct targeted at you based on your membership in a protected class (i.e., race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation), and that those comments/conduct were sufficiently severe or pervasive that they fundamentally altered the conditions of the working environment.
If you believe your treatment might satisfy the legal definition of harassment, I would strongly encourage you to seek a local employment law attorney without delay. Harassment is a claim based on the Fair Employment and Housing Act, which requires that a complaint be filed with the Department of Fair Employment and Housing within one year of unlawful acts. Therefore, because this has been going on for more than a year, it could be very important that you act quickly.
Finally, with respect to your concern about your reputation, I cannot identify a legal question in the post. If you have some specific inquiry about this component of your post, I would encourage you to re-post with more detail. If you do so, please continue to take care not to reveal identifying information about you or your employer on this public forum.
I wish you luck.
Unless you have a written agreement to the contrary, employment in California is "at will" and you can be fired for no reason (but not an "illegal" reason including race, religion, etc.) Taking action while you are still employed at the company may result in your termination. Your rights for wrongful termination, if you do have rights, would have to be determined by a very in-depth analysis after an inverview with an attorney and are beyond the scope of an question or answer.
Yes, a new employer can certainly speak with a former employer. Most former employers give name, rank and serial number type responses these days for fear of defamation claims. However, a former employer may say anything they desire. Your only real remedy is for defamation if a false statement of FACT as opposed to opinion is made.
