Did a former employer give you a bad reference that impacted your ability to get another job? This is an unfortunate reality for many workers in California, who are struggling to find employment. If it can be proven that the reference was an act of bad faith, i.e., spite and retaliation, you may be entitled to monetary damages from a lawsuit against your former employer.
For more information on your right to pursue a labor law violation claim for a bad reference, contact our office immediately. Our employment rights attorneys are dedicated to representing your interests and holding your employer accountable when they break the law. We look forward to hearing your story and learning more about you during a free case review.
California Law Governing Bad References
According to the laws in California, is it illegal for an employer to give a bad reference? The answer is yes if it’s clear that there is a “misinterpretation” in the reference that “prevents or attempts to prevent” the former employee from getting another job. However, an employer is protected from legal sanctions if they can show that their allegations are credible and without malice toward the employee.
It’s essential that you have a deeper understanding of California’s defamation and job reference laws. That’s why you should call us as soon as possible and talk to a lawyer that specializes in employment rights.
When is It Illegal to Give a Bad Reference?
We mentioned before that employers do have the right to give a bad reference if there is credible evidence to support their allegations. So, it’s true that your employer can give you a bad reference if all the claims they are making are true and founded on actual evidence.
The problem is when a reference letter makes statements that are blatantly false or not supported by evidence. This is illegal, but just the fact that your employer placed you in a negative light is not enough to pursue a claim for damages. In addition to erroneous information, you must establish that the employer provided a bad reference with the intent to sabotage further employment opportunities.
For more information on whether a bad reference from your employer is illegal, don’t hesitate to contact the lawyers of California Labor Law Employment Attorneys Group.
Your Right to Sue for a Bad Reference
It’s essential to obtain legal advice if you suspect that your employer made false, negative statements about you in a job reference. Such cases must be investigated thoroughly by a lawyer with many years of experience in employment rights violations. Remember that you must also prove malice by your employer, which is extremely difficult to accomplish on your own.
At the end of the day, only you can decide if a lawsuit is in your best interest. However, we believe it’s worth it to consult a labor law attorney if a bad reference cost you a job opportunity. A lawyer can also help you figure out the type of claim you should file against your employer. For example, should you pursue a defamation claim or a workplace retaliation lawsuit?
Your Right Monetary Compensation
If you were recently denied a job because of defamatory remarks by your employer in a job reference, you may have the right to demand compensation in the form of:
- Ingresos perdidos:
restitution for the wages you would have earned if the bad reference hadn’t kept you from getting a job. - Estrés emocional:
compensation to make up for the stress, anxiety, fear, and other mental health issues associated with the damage to your professional reputation and inability to get a new job - Honorarios legales:
cost of legal representation from a retaliation or defamation lawsuit against your employer. - Daños punitivos:
compensation awarded in cases of gross misconduct by your employer. Please note punitive damages can only be awarded by a jury.
Our lawyers can ensure that you receive all the damages you are entitled to, based on the circumstances in your case. A California employment lawyer can also determine the amount of compensation you deserve and negotiate a fair settlement on your behalf.
Employment Agencies that can Help
It’s important to understand the difference between filing a civil lawsuit and pursuing a complaint with a state or federal agency. Your lawyer can help you decide on the right course of action, which may include filing a complaint with one or of the following agencies: The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH).
Please note that you may have the right to file a lawsuit if your claim with either of these agencies fails to bring about an acceptable resolution. This is a subject we are happy to discuss with you in person during a free, private case review.
How Long You have for a Claim or Lawsuit
The statute of limitations for an employment claim or lawsuit is based on the type of violation that was committed by your employer. Here are some guidelines to help you decide how long you have to hold your employer accountable for a bad reference:
- If you are suing for defamation, you have 1 year to file a lawsuit.
- In the event you are filing a claim with EEOC, you have 300 days from the date of violation to file a complaint.
- If you receive a Right to Sue notice after filing a claim with the EEOC, you have 90 days to file a lawsuit.
- An employer retaliation claim with the California Department of Fair Employment and Housing must be filed within 1 year.
- If you are granted the right to sue by the DFEH, you have 1 year to file a claim with the civil court system.
All this may be confusing to you, but there’s no need to worry, since our lawyers are here to help you determine the deadline that applies to your situation. Contact California Labor Law Employment Attorneys Group for more information on the statute of limitations for a bad reference complaint.
Comuníquese con el Grupo de Abogados de Empleo en Derecho Laboral de California
Were you given a bad reference by your former employer? Were you prevented from getting a job because of the bad reference, which you believe was out of retaliation and other acts of bad faith? Our legal team is here to advise you of your rights and legal options.
As someone who was unlawfully deprived of a new career or job opportunity by your employer, you should not have to worry about the costs of legal representation. Our law firm will handle your case on contingency, meaning that no payment is owed to us until your settlement is recovered from the other party. That way, you don’t worry about any legal fees if we fail to win your case.
Our legal experts are waiting to assist you, so please contact us to schedule a consultation, completely free of charge.
