EmploymentQuestion 1035 of 1605
A former employer, out of spite, gives a knowingly false negative reference that prevents a former worker from getting a new job. Under Labor Code §1050, this can be:
a.A misdemeanor and grounds for the worker to recover damages
b.Only a concern under federal law
c.Completely protected speech with no consequences
d.Required disclosure the employer must make
Explanation
Labor Code §1050 makes it unlawful for a former employer to knowingly make misrepresentations that prevent a former employee from obtaining other employment. Such 'blacklisting' can be a misdemeanor and expose the employer to damages, so references should be truthful and factual.
Law Reference: Labor Code §1050; §1053Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)