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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5049
Experience:  Extensive experience representing employees and management
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Hi I am currently on medical leave of absence. At the same

Resolved Question:

Hi I am currently on medical leave of absence. At the same time, I am currently searching for another job. If the potential employer calls my current employer, do they have the right to say that I am currently on a medical LOA and currently have a workers comp case?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Yes, unfortunately, your current employer is not restricted from stating that you are on a current Medical leave of absence and have a workers' compensation case.

That said, when you go to apply for jobs, you can tell your prospective employers not to contact your current employer, and that vast majority of them will abide by your request. (This is understandable, since you wouldn't want to jeopardize your current job when applying for a new one). So, that would prevent your prospective employers from finding this information out.

Otherwise, your employer is only restricted from stating false information about you due to defamation law. They are not restricted from disclosing other information about you to prospective employers if it is the truth.

I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Customer: replied 1 year ago.

Hi Joseph,


 


Sorry for the delay. Just to clarify, if a potential employer calls my current one, what does the latter can give them legally.


 


Also, there was an application I filled out and I checked no on them calling my current employer.


 


If they ask why, what are good reasons to respond so it doesn't jeopardize the job offer consideration.


 


I thank you for your assistance.


 

Expert:  Joseph replied 1 year ago.
Hello Leo,

They can tell your future employer anything as long as it's the truth.

As I mentioned above, you can tell them you don't want to jeopardize your current job by having a prospective employer contact your future one if they ask.
Joseph, Lawyer
Satisfied Customers: 5049
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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