California Employment Law
California Employment Law Questions Answered by Legal Experts
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First let me say that I am terribly sorry to hear that your daughter is in this situation. It is a shame when an employer does something without legitimacy, especially when that thins is quit frankly wrong. However, that does not necessarily mean that the decision is unlawful. Absent some kind of confidentiality agreement the employer is allowed to say anything that is truthful.
That being said, many employers get in trouble because they make a statement that cannot be proved as true. This is why you often times hear about what an employer is not allowed to say (by policy). This however, is separate from how the law treats the situation.
If the employer is saying ANYTHING that is a 1) False, 2) Statement of Fact, your daughter can bring a lawsuit against them.
Second, if the employer is going out of their way to keep your daughter from being employed, she may have a claim for interference with economic advantage.
That being said, your daughter absolutely has a claim for a hostile work environment and possibly even constructive termination based on her relationship with her boss at work.
I believe she is but do not know how to prove it. besides the "Indescretion" She was a top employee who moved into other departments. How can we prove they are "black listing her"
You can call up as a prospective employer and see what they say about her, or you can contact employers who have turned her down and ask what has been said about her
Thats what I was thinking. Are they allowed to say anything of the personal situation? I thought they could only say rehire yes or no. Could it be the no stopping them?
Can I ask prospective employers as myself?
There is no law that requires them to say rehire yes or no, this is only a policy most companies use to avoid litigation for the reasons I mentioned above.
But if it is true about her not making the best choice can they say that?
They can legally say anything they want as long as what they say is truthful. But again, if they really are going above and beyond to keep her from being employed that could give rise to an interference with economic advantage claim. You can absolutely ask prospective employers as yourself.
But it is unlikely that they will talk to you
Her boss was 13 years older and his Superior turned a blind eye until someone said favoritism was being made.
Thank you for your help. Ill try the route of being prospective employer and go from there.
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