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  1. #1
    Levi777 Guest

    Is blackballing illegal under civil code 47

    What is the name of your state? Illinois
    I turned my previous employer into the eeoc and the human rights commission located in missouri for harrassment ect. Since then they have made me an offer but inorder to get this money they want me to sign an agreement, that I have yet recieved.

    I believe that he is blackballing me for turning him in. I am going to get a detective to pose as a potential employer and record the reference he gives.

    Under civil code section 47 states that "an employer or any person by the employer who discloses information about a current or former employer employees job performance to a perspective employer is presumed to be acting in good faith; and unless lack of good faith is show, is immune from civil liability.

    With this in mind " If my employer gives a bad reference that is recorded, with previous notarized evidence that was sent to the eeoc: Can I sue him since I can show lack of good faith?
  2. #2
    cbg
    cbg is offline Senior Member
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    A bad reference is NOT blackballing. Blackballing would be if your former employer called up all the potential employers and said something like, "Levi77 is going to be applying for a job with you. He did a rotten job for me; don't hire him".

    A bad reference is actionable only if it is factually untrue ("Levi77 was fired for stealing"). A negative reference that reflects the former employer's honest opinion ("I didn't think that Levi77 was good management material") is protected. A negative reference is not, in itself, evidence of bad faith.
  3. #3
    Levi777 Guest
    Originally posted by cbg
    A bad reference is NOT blackballing. Blackballing would be if your former employer called up all the potential employers and said something like, "Levi77 is going to be applying for a job with you. He did a rotten job for me; don't hire him".

    A bad reference is actionable only if it is factually untrue ("Levi77 was fired for stealing"). A negative reference that reflects the former employer's honest opinion ("I didn't think that Levi77 was good management material") is protected. A negative reference is not, in itself, evidence of bad faith.
    Thank you for your responce cbg ! While I think that he will most likely say something of that nature, I also believe that this former employer will also add things that may not actually have been true such as in past reference checks with myself as well as other employees.
  4. #4
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
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    14,991
    If that happens, then you can bring another claim with the EEOC for retalliation. But you can't sue for what might happen.

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