My previous employer who i worked for about 6 years as a salaried employee, has told a potential new employer for me that I am an illegal alien without a work permit .... although they have a copy of my green card and Social Security number, I believe they told them this because they don't want the new employer to take me on.
Generally, an employer is not prohibited by law from providing truthful information about a former employee to a prospective employer. The law has little reason to discourage employers from providing their honest assessments of an employee's performance, regardless of whether this assessment is good or bad. However, crossing the line into making misrepresentations or outright lies could make a bad reference illegal. Legal actions based on misstatements made in job references are typically based on defamation laws which prohibit anyone, including employers, from knowingly publishing or spreading false information about another. You may also have a claim for Interference with Prospective Economic Advantage.
Before you meet with a lawyer to assess your claims, gather any evidence you have. For example, had you gotten an offer letter or other indication that you would get the new position before your prospective employer pulled the plug? Do you have anything in writing about your former employer’s reference policy – or the actual statements that were made? Did you hear anything from the prospective employer that made you suspicious? There are legal tools a lawyer can use to gather evidence of what was said to whom, but you should be prepared to explain what led you to believe that your former employer defamed you and to hand over any relevant evidence.
DISCLAMER: The information provided by WFB Legal Consulting, Inc. is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
First, an employer may not provide false information without exposing themselves to liability for defamation. If you do not get the job, because of the false information provided to the prospective employer, you may have a good defamation claim.
Second, you are lucky the the misrepresentation is easy to disprove. Since the prospective employer should be able easily to verify the legitimacy of your documents using E-Verify, there should not be a problem.
Craig Trent ByrnesWrongful Termination LawyerManhattan Beach, CA ·
I agree with the previous responses: the previous employer, if he provided false information, may have engaged in defamation and interference with prospective economic advantage.
California takes it one step further, though. California Labor Code 1050 prohibits this type of blackballing by misrepresentation. It's actually a crime to do so.
If you can prove that this happened, and that you were denied the job because of it, the law provides for triple damages as a consequence. See Ca. Lab. Code 1052.
If you believe that your rights have been violated, and you decide that you want to take action, make sure to do so within your statute of limitations, or your rights may be lost forever.
I hope this information is helpful to you.
Sincerely,
Craig T. Byrnes
