Is it legal for an ex employer to say anything about the ex employee that would cost them future employment?
A: Labor Code § 1050, provides, "Any person, or agent or officer thereof, who, after having discharged an employee from the service of such person or after an employee has voluntarily left such service, by any misrepresentation prevents or attempts to prevent the former employee from obtaining employment, is guilty of a misdemeanor."Also, if nothing was said verbally but read in my employee file from my previous job, is it OK for the prospective employer to receive my old file?
A: Only personnel records of public
employees are confidential by law. Private employers are not directly prevented from revealing confidential personnel records, except those records that are related to the employee's retirement or health care.benefits. Regardless, Labor Code 1050 would extend to the personnel file, which if it contains a material misrepresentation, would constitute a misdemeanor if it prevented the employee from obtaining future employment.
Note: An employee has the right to inspect his/her personnel file (Labor Code 1198.5). The law has had little interpretation, and it's unknown whether or not it extends to "former employees." Ultimately, if you really believe that the employer committed a fraud, you would have to sue in order to force disclosure, assuming the employer refused to cooperate with your inspection request.
Hope this helps.
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