Due to former employees filing slander lawsuits, most companies only give out name, rank, and serial number references—if that. Know what your company policy is about giving out references—lawsuits could result if you don't.
- 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 without malice.…
The law also allows employers to say…
DISCLAIMER: This course addresses US law concepts that may not apply in all countries. LinkedIn (including Lynda.com) and the instructor are not giving legal advice. Neither Linkedin (including Lynda.com) nor the instructor represent you. The information conveyed through this course is similar to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views and legal interpretations presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- How job descriptions matter when it comes to the law
- Offer letters, contracts, and agreements
- Questions you can't ask job applicants
- Test and assessment instruments
- Managing employee leave
- Harassment and discrimination laws
- Handling bullies in the workplace
- Employee discipline