From the course: Hiring, Managing, and Separating from Employees

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Post termination

Post termination

From the course: Hiring, Managing, and Separating from Employees

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Post termination

- In the early days of my litigation practice, a case came out where a company was sued for slander by a worker they terminated. Whenever companies called in for reference, the managers maliciously put out false information about him to prevent him from getting another job. This is known as blackballing. He sued for slander and won his case, and, ever since then, lawyers have told employers to be cautious when giving out references. Many states have laws surrounding references. One type of law indicates that blackballing is an illegal activity. For example, the California Labor Code Section 1050 protects employees from any misrepresentation that prevents or attempts to prevent a former employee from obtaining employment. Legislation also provides a defense for employers when any reference statements are made in good faith. For example, California Civil Code Section 47C says an employer can discuss job performance or qualifications of an applicant based on credible evidence made…

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