Termination by defamation?

[Apaleador]

California.

I found a new job at a restaurant as a cook where I had worked for 4 days. On the 4th day I was driving home after work and my car died. I walked back to my job and used their phone to call a tow truck and walked back to my car (Friday). While walking back I twisted my knee on a rock (it was dark, after 10pm). I thought nothing of it until the next morning when my knee was swollen and I couldn't walk on it (Saturday). I iced it and stayed off of it and since Saturday was my day off I figured it will be better come Sunday. Come Sunday morning it was worse. I couldn't even bend it so I called into work and told them I couldn't come in and explained what had happened and that I would see a doctor on Monday (my day off) and bring them the doctor's note. I called them 5 hours before I had to come to work (I called at 9am).

They called me back at 2pm and asked what the problem was and I told them again. This time they said they talked to my previous employer and that he said I was not dependable so my new employer fired me.

Can they do this?
What can I do?

 

[mlane58]

California.

I found a new job at a restaurant as a cook where I had worked for 4 days. On the 4th day I was driving home after work and my car died. I walked back to my job and used their phone to call a tow truck and walked back to my car (Friday). While walking back I twisted my knee on a rock (it was dark, after 10pm). I thought nothing of it until the next morning when my knee was swollen and I couldn't walk on it (Saturday). I iced it and stayed off of it and since Saturday was my day off I figured it will be better come Sunday. Come Sunday morning it was worse. I couldn't even bend it so I called into work and told them I couldn't come in and explained what had happened and that I would see a doctor on Monday (my day off) and bring them the doctor's note. I called them 5 hours before I had to come to work (I called at 9am).

They called me back at 2pm and asked what the problem was and I told them again. This time they said they talked to my previous employer and that he said I was not dependable so my new employer fired me.

Can they do this?
What can I do?

Can they do this? Perfectly legal
What can I do? Look for a new job

 

[Beth3]

When your new employer called your former employer, presumably your former employer gave their honest opinion. That is not defamation. The timing of your knee injury was unfortunate (less than one week into the new job) but nothing illegal occurred.

 

[HomeGuru]

yes, I agree.

 

[Betty]

Since your current and former employer did nothing illegal, you have no case. Your only option is to look for other employment.