When is a Bad Reference Illegal?
Your employer gave you a bad reference, but is it illegal? Without a doubt, your employer has the right to provide you with a bad reference as long as everything in the reference is true. If the reference letter makes negligent statements or blatantly false statements, the bad reference is illegal. In general, the subjects of bad reference letters cannot pursue claims even if the reference highlights the employer’s negative opinion towards the employee. A bad reference is only illegal when false statements are written as facts with the purpose of making it difficult to or impossible for the employee to get another job. If you would like to learn more about when bad references are illegal, do not hesitate to seek legal assistance with the employment experts at California Labor Law Employment Attorneys Group as soon as possible.
Your Right to File a Lawsuit
Do you have the right to file a lawsuit against the employer that gave you a bad reference? As explained above, giving a bad reference is only illegal when the statements provided are false. Therefore, if your former employer gave you a bad reference that contained false facts about you, your work ethics, and your time at your former workplace, you could have the right to file a lawsuit.
If the bad reference tampered with your opportunity to get a new job, you could pursue a claim. You have the right to file a lawsuit; however, the type of lawsuit that you are eligible to pursue depends on the specific details of your situation. For instance, you might have grounds to file a defamation claim. You might also have grounds to file a retaliation claim.
Your Right to be Compensated
Are you entitled to compensation if you file a claim for a bad reference from your former employer? If you sue your former employer, could you receive compensation? If you recently lost the opportunity to get a job due to the false and malicious reference given by your former employer, you have the right to sue and receive compensation. Although every claim is different, you might be entitled to receiving some of the following types of compensation:
- Lost wages: compensation for the wages you could have earned if the bad reference hadn’t prevented you from getting a job.
- Mental and emotional distress: compensation for the stress, depression, fear, and uncertainty, for example, associated with not being able to get another job due to the bad reference from your former employer.
- Punitive damages: compensation awarded as punishment to the employer in attempts to warrant similar incidents from reoccurring.
- Legal fees: compensation for all legal expenses associated with pursuing the claim.
How much compensation are you entitled to receive? The specific type and amount of compensation that you could receive for your claim depend on the details of the case. No matter the details of your claim, you could be certain that the employment lawyers at California Labor Law Employment Attorneys Group will fight for your right to receive the compensation that you deserve. If you would like to learn more about the type and amount of compensation available for recovery, you should discuss your claim with the attorneys at California Labor Law Employment Attorneys Group as soon as possible.
Even though California is an at-will state and gives your employer to fire you with or without reason, it does not mean that they can fire you for any reason. The employer cannot breach any contract (written or oral); they cannot violate public policy (federal, state, nor local); and the employer cannot retaliate against any employee who brought unsafe or illegal work practices to light. To prove a wrongful termination, you would consider various scenarios.
Understanding the Different Employment Agencies
Without a doubt, you have the right to pursue a civil lawsuit against the employer the employer that gave you a bad reference. However, you might have grounds to pursue a claim with either a federal or state employment agency. The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) are the agencies that oversee and enforce all employment laws. If your former employer gave you a bad reference with malicious intentions or in retaliation to you and you lost a reasonable chance of getting a new job, you might have grounds to file a claim with these employment agencies. The agency will investigate the claim and take action accordingly. If you are interested in pursuing a civil lawsuit after initiating a claim with the EEOC or DFEH, they must grant you the right to sue.
The Statute of Limitations for Your Claim
Is your claim subject to a statute of limitations? A statute of limitations establishes the time that claimants have to pursue their claims. If claimants do not file their claims within the time allowed by the statute of limitations, they could lose their right to sue and receive compensation. Your claim is subject to a statute of limitations; however, the timeline that applies to your claim depends on the type of claim that you are pursuing. When thinking about pursuing a claim, consider the following statutes of limitations:
- Claimants pursuing defamation claims are subject to a 1-year statute of limitations.
- Claimants filing a claim with the EEOC have 300 days to file their claims.
- Claimants filing a civil claim after filing claims with the EEOC have 90 days after receiving the right to sue to file their civil claims.
- Claimants filing a claim with the DFEH have 1 year to file their claims.
- Claimants filing a civil claim after filing claims with the DFEH have 1 year after receiving the right to sue to file their civil claims.
If you would like more information about the statute of limitations that applies to your bad reference claim against your former employer, do not hesitate to contact California Labor Law Employment Attorneys Group to discuss your claim with our attorneys.
Contact California Labor Law Employment Attorneys Group
Did a former employer give you a bad reference? Did the bad reference prevent you from getting another job? Do you think that you would have been hired if your employer had been truthful with your reference? If you believe that the bad reference deprived you of the opportunity to get a job, you have the right to file a lawsuit and receive compensation. You should contact our law firm as soon as possible. The employment experts at California Labor Law Employment Attorneys Group have many years of experience handling employment claims like yours. Our lawyers have successfully represented many claimants who have been unjustly affected by bad references. If you would like to discuss your claim with our attorneys, contact our law firm today.
When you contact our law firm, you could benefit from our free consultations and free second opinions. Our free consultations and free second opinions ensure that all claimants have access to the information that they need to pursue successful claims against their former employers. It does not matter if you are interested in starting your claim or redirecting your claim after dealing with an incompetent attorney; you could be certain that our firm will always provide you with the guidance that you need to reach the outcome that you deserve.
Our firm offers a Zero-Fee guarantee; therefore, you will not be required to pay any legal fees for any of our legal services. Our law firm is also based on contingency; therefore, our clients will not be required to pay anything until you win. If you are ready to take legal action after receiving a bad reference from a former employee, do not hesitate to contact California Labor Law Employment Attorneys Group and start the process.
