What Your Former Employer Can Say About You in California

Navigating References: What Your Former Employer Can—and Can’t—Say

Navigating a job search in California can be a stressful process, especially when you’re worried about what your former employer might say during a reference check. The question of “what can a former employer say about you in California” is a common concern for many employees who have left a job on less than ideal terms. Understanding your rights is crucial to protecting your career prospects.

In California, the law gives former employers “qualified privilege” to provide truthful, work-related information about a past employee to a prospective employer. This can include factual details like your job title, dates of employment, duties, and eligibility for rehire. However, this privilege is not absolute. When an employer knowingly makes false statements or shares negative comments with malicious intent, they may be crossing the line into defamation, giving you a legal basis to act.

When a former employer knowingly spreads false information or volunteers negative comments unprompted, it could cross into defamation—and give you legal grounds to sue.

Can a Former Employer Legally Give Negative Feedback About Me?

Yes—but only if the feedback is:

• Based on truthful, factual performance-related information
• Shared in response to a reference check or inquiry
• Not motivated by malice, revenge, or discrimination

Former employers in California enjoy what’s called “qualified privilege.” This means they are protected from defamation claims as long as they communicate honestly and without bad intent.

However, they lose that protection if they:

• Intentionally make false statements
• Act with reckless disregard for the truth
• Volunteer negative information without being asked
• Violate a non-disparagement agreement

Example:

Mary worked at a plumbing supply company for five years and had excellent performance reviews. She resigned after her boss failed to stop his son from sexually harassing her. When she applied for a new job, her interviewer said, “We heard you were a bad employee and stole from your last company”—before Mary even gave her reference list.

In this case, if Mary’s former employer reached out unsolicited and lied to prevent her from getting hired, that could be considered defamation. Mary may be able to sue for damage to her reputation and lost job opportunities.

What Can a Previous Employer Disclose in California?

Most employers limit reference responses to avoid legal risk. But by law, they are allowed to share:

• Dates of employment
• Job title and duties
• Final salary (if requested)
• Reason for departure (if truthful)
• Whether the employee is eligible for rehire

Employers may not share or imply:

• Opinions about your character or attitude
• Unsubstantiated claims or rumors
• False accusations (e.g., theft or insubordination)
• Information about protected activities (e.g., whistleblowing or union support)

When Former Employers Cross the Line

Your past employer may be liable for defamation if they:

• Accuse you of misconduct without evidence
• Say negative things about you unprompted
• Disclose information that violates a written agreement (like a non-disparagement clause)
• Misrepresent the reason for your departure

Pro Tip: If you suspect a former employer is interfering with your job prospects, you may be able to confirm this through back-channel reference checks or by asking prospective employers what was said.

What Is California Employment Defamation?

Defamation occurs when someone makes a false and harmful statement about another person. In the context of employment, this often happens when a past employer lies or exaggerates about a former employee in a reference check.

To win a defamation case in California, you must prove:

1. Falsity – The statement was false and presented as fact (not opinion)
2. Publication – The false statement was shared with a third party
3. Harm – The statement caused reputational damage or job loss

Example:

Mary’s former employer accused her of theft—a crime—and told that lie to a prospective employer without being asked. That’s not just unethical; it may qualify as defamation per se in California, meaning Mary wouldn’t even have to prove specific financial losses to bring a lawsuit.

Can I Sue a Former Employer for Hurting My Job Chances?

Yes—if their statements about you were:

• False
• Malicious
• Unsolicited
• Or in violation of an agreement

A skilled employment attorney can help you gather evidence, assess damages, and file a defamation or interference claim against the former employer.

Protecting Yourself During a Job Search

To reduce your risk:

• Avoid listing hostile former employers as references
• Ask HR departments about company reference policies
• Get reference letters in writing when leaving a job
• Consider including a non-disparagement clause in any severance agreement

Final Thoughts

California law allows former employers to share truthful, relevant information about past employees—but not lies, gossip, or retaliation. If you suspect that a past employer is sabotaging your career with false or harmful statements, you may have legal recourse.

At Odell Law, we help employees protect their reputations and fight back against unlawful employment practices.

Call us today at 949-771-8173 or email rob@odelllaw.com to schedule a free consultation and learn your rights.