My Former employer is threaten to harass me by calling my existing employer because he lost his EDD appeal, is this legal?

Your former employer is acting like a six year old who thinks you stole his toys. Unfortunately, you cannot take legal action at this point to prevent him from contacting your current employer. The threat that he might do this is an inadequate basis to get a restraining order or injunction. However, you can write him a letter, send it certified (to enhance its effect), and tell him that if he does as he has threatened and as a result you lose your job or your employment is harmed, you will pursue claims against him for defamation and tortious interference with contractual relations. You might suggest he show your letter to his attorney and tell his attorney what he intends to do. Be sure you keep a copy of the letter at home as well as proof of the certified mailing and your former employer's receipt. In the event you end up needing to pursue legal action, you should know what you must be able to prove so you can start holding on to any evidence: DEFAMATION California recognizes different types of defamation, per se and per quod. Defamation can be libel (written) or slander (oral). Generally, defamation is a false and unprivileged statement which exposes a person to hatred, contempt, ridicule or injury, or which causes the person to be shunned or avoided, or which has a tendency to injure the person in his or her occupation. Some kinds of defamation require the plaintiff to prove actual harm. Other kinds of defamation constitute defamation per se, which means harm is assumed due to the nature of the defamation. You should consult with an attorney in your state to determine how your state defines defamation. INTERFERENCE WITH CONTRACT: You are employed by some kind of contract, probably an oral contract or a partially-written contract. You have a contractual relationship with your employer: you provide your work in exchange for your employer's payment. If your former employer acts intentionally to harm this relationship, there is a potential legal remedy called intentional interference with contractual relations. To win on this claim, you must prove all of this: 1) There is or was a contract between you and your current employer; 2) Your former employer knew about the contract; 3) Your former employer intended to disrupt performing on this contract (intended to interfere with your working relationship); 4) Your former employer did in fact prevent you from performing (e.g. you lost your job) or made performance more expensive or difficult (your current employer started to treat you badly or it demoted you, or you had to spend a lot of time explaining and justifying what happened with your old employer; 5) This harmed your current working relationship; and 6) Your former employer was a substantial factor in the harm that you suffered. Pacific Gas & Electric Co. v. Bear Stearns & Co, (1990) 50 Cal.3d 1118, 1126. I hope you can resolve your situation and wish you the best.

I agree with Attorney Spencer and would add that it would be in your best interest to try to obtain at least 2 or 3 “no charge” “no obligation” consults with CA-based employment attorneys. Those of us who practice employment law and whom answer questions posted here on are an excellent place for you to start your search for local counsel - so by all means ...if you decide to draft a letter to your former employer, you would do well to run it by Atty. Spencer before mailing same. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 800-932-6457 / [email protected] / We can Help.