What can I do if my former employer is telling prospective employers that I am

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What can I do if my former employer is telling prospective employers that I am

Hello,

I sincerely hope you can help me as I am at the end of my rope and in need of help. I have been looking for work for over 2 years now and have had many interviews to no avail. I recently found out my previous employer of almost 19 years has been giving out the information that I am

Asked on August 5, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is, unfortunately, likely nothing you can do. An employer is allowed to designate a former employer is inelgible for rehire; it is the employer's choice whom to hire (or rehire) or not. And a former employer can make a truthful statement about your relationship with them--such as that you are not eligible for rehire. Unfortunately, there is very little you can do to stop a former employer from "blacklisting" you so long as their statements are true, even if unfair and devoid of the larger context. (If they make untrue factual assertions about you, you could then sue them for defamation and/or for tortious--or wrongful--inteference with economic advantage--or your ability to earn a living.)


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