Finding a new job can already be challenging, but the process can become much more difficult when a former employer intentionally interferes with your employment opportunities. In some situations, former employees may suspect that a previous employer is providing false or damaging information to prospective employers to prevent them from getting hired. This practice is commonly referred to as employment blacklisting.

California law provides significant protections for employees and former employees when employers improperly interfere with their ability to obtain new

employment. If you believe a former employer is preventing you from finding work, understanding California employment blacklisting laws and your legal options may help you protect your career.

What Is Employment Blacklisting?

Employment blacklisting generally refers to conduct intended to prevent a current or former employee from obtaining employment elsewhere. It may involve a former employer communicating negative, misleading, or false information to prospective employers or otherwise attempting to damage the individual's employment prospects.

Examples of conduct that may raise concerns include:

• Providing false information about why an employee was terminated.
• Making deliberately misleading statements about an employee's performance or conduct.
• Contacting prospective employers to discourage them from hiring a former employee.
• Attempting to prevent someone from finding another job because the employee exercised a legally protected workplace right.

However, receiving a negative employment reference does not automatically mean that illegal blacklisting occurred. California employers may provide certain truthful information about a former employee. The circumstances and accuracy of the statements can therefore be critical when determining whether an employer's actions violated the law.

Is Employment Blacklisting Illegal in California?

Certain forms of employment blacklisting are prohibited under California law. California Labor Code Section 1050 addresses situations in which an employer, or an employer's agent or officer, uses misrepresentations to prevent or attempt to prevent a former employee from obtaining employment.

California's Division of Labor Standards Enforcement explains that an employer may not prevent the reemployment of a former employee through untruthful statements. At the same time, the law does not prohibit an employer from providing a truthful statement regarding the reason an employee was discharged when specifically requested.

This distinction is important. The law generally does not require former employers to say only positive things about employees. Instead, legal problems can arise when false statements, misrepresentations, retaliation, or other unlawful conduct are used to interfere with future employment.

When Can Blacklisting Be Considered Retaliation?

Employment blacklisting may also raise retaliation concerns when a former employer interferes with someone's career because that individual exercised a protected workplace right.

California employees are protected from retaliation for numerous activities, including certain complaints about unpaid wages, workplace conditions, safety issues, and suspected legal violations. California Labor Code Section 1102.5 also provides protections related to qualifying whistleblower activity.

For example, an employee might raise concerns if they believe a former employer gave damaging information to prospective employers because the employee previously:

• Reported unpaid wages or other Labor Code violations.
• Reported unsafe working conditions.
• Cooperated with a government investigation.
• Reported conduct they reasonably believed violated the law.
• Exercised another legally protected employment right.

California's Labor Commissioner describes retaliation as an adverse action connected to an employee's protected activity. Depending on the circumstances, refusal to hire and other actions affecting employment opportunities may qualify as adverse employment actions.

How Can You Tell If a Former Employer Is Blacklisting You?

Blacklisting can be difficult to identify because job applicants do not always know what prospective employers discuss with former employers.

Potential warning signs can include repeatedly reaching the final stages of interviews before opportunities suddenly disappear, recruiters raising unexpected concerns about your employment history, or prospective employers referencing information that appears false or inconsistent with your records.

One unsuccessful application is generally not enough to establish blacklisting. A pattern of unusual hiring outcomes combined with evidence of false statements or retaliatory conduct may warrant closer examination.

What Evidence Can Help Support an Employment Blacklisting Claim?

Documentation can be especially important when investigating suspected blacklisting. Employees may want to preserve emails, text messages, performance evaluations, termination documents, job applications, recruiter communications, and other records relating to their former employment and job search.

The California Labor Commissioner similarly advises workers pursuing retaliation complaints to gather information demonstrating how an employer's actions followed the exercise of protected rights, including employment records, evaluations, pay records, and personal notes.

Evidence showing what a former employer actually communicated to prospective employers can be particularly important when determining whether the statements were truthful or potentially unlawful.

What Remedies May Be Available?

The remedies available depend on the particular legal claim and circumstances. California's DLSE states that an employee damaged by an employer's untruthful statements intended to prevent reemployment may potentially recover treble damages under Labor Code Section 1054.

When unlawful retaliation is established, additional remedies can potentially include lost wages, reinstatement, removal of negative information from personnel records, penalties, and orders requiring the employer to stop retaliatory conduct.

Deadlines are also important. The Labor Commissioner states that most retaliation complaints within its jurisdiction must be filed within one year of the retaliatory action, although different deadlines and procedures can apply depending on the specific claim.

What Should You Do If You Suspect Employment Blacklisting?

If you believe a former employer is interfering with your job search, consider keeping detailed records of your applications, interviews, communications with recruiters, and any statements prospective employers make regarding your previous employment.

Because lawful employment references and unlawful interference can sometimes be difficult to distinguish, speaking with a California employment attorney can help you evaluate the circumstances, identify potential evidence, and determine what legal options may be available.

Speak With a Los Angeles Employment Attorney

Suspected employment blacklisting can affect a person's income, reputation, and long-term career opportunities. California employees and former employees may have legal protections when employers use false information or retaliation to interfere with future employment.

At Law Offices of David R. Denis, P.C., we can provide legal assistance to employees and members of the Los Angeles public facing workplace disputes. If you believe a current or former employer has unlawfully interfered with your employment opportunities, contact our office to discuss your situation and learn more about your legal options under California employment law.