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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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can a company deny someone a job because they know or was recommended

Resolved Question:

can a company deny someone a job because they know or was recommended by an employees who was terminated and then tell why they released the other person
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Unfortunately, in the vast majority of situations the answer is yes that an employer can deny a job application a job based on them being referred by a terminated employee.

As an at-will employer in California, jobs can be denied to applicants for any reason (even a bad or silly one like this) as long as the decision is not due to discrimination based on a protected characteristic.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922 and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."


The only time when it would be illegal for them to do so is if they terminated the former employer due to discrimination based on a protected characteristic ( e.g. sex, gender, national origin, race, religion, disability).

If it's any consolation, I personally disagree strongly with the law as it stands, but unfortunately, due to the employment at-will doctrine, this employer's actions are legal).


I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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

Thanks and best of luck!

-Joseph
Customer: replied 1 year ago.

I understand the at-will situation, i guess I am concerned that if she applies for another job and call this employer can they give her a bad recommendation or just tell people she got fired and they considered this stealing

Expert:  Joseph replied 1 year ago.
The employer can inform them that she was fired and what she was terminated for, although most employers do only give the dates of employment.

However, if they are making false accusations about her stealing from them then she could sue them for defamation for making false statements about her that are causing her to not be able to obtain other employment.

The situation would probably be best avoided all together, if possible, by not listing this employer. If it is absolutely necessary to list the employer and she knows they will contact the employer, it may also be best to tell the potential employer before they call to inform them about the situation (conflict between her and previous employer and false accusations about reason for her termination).

Joseph, Lawyer
Satisfied Customers: 5274
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

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When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph
Expert:  Joseph replied 1 year ago.
Hello,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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