Job security

state: California


I was offered a position with a company by the owner. After being offered the job I turned in my resignation to my current employer. Now, after he has given me the job he got false information about my dates of employment and I don't know what else from a current employee. After getting this information he decides to ask for a resume and investigate my references. I worked with this employee a month and a half before I was laid off from the company we both worked for. He only came in two or three times a week. So I don't believe he had any right to say anything to my future employer. Now I am unsure what to do. I am afraid if I start working for him that I will not have any type of job security because of what this employee has said to him. I will feel humiliation if I beg my former employer for my job back. Do I have any rights?

Statements made to future employer

Since neither employer has done anything yet, you have no rights against them. However, if you can prove that what the “current employee” said was not true, then you could have an action in defamation against the “current employee.”

is it defamation

This employee has told an ex cowrker of ours that he did not want me working there prior to my getting hired. He felt that he should have been offered the position even though it wasn't being offered and he didn't want it. The prospective employer didn't know if he should hire me any more. I just asked for my old job back. I have gotten a few letters of reccomendation from previous employers and statements from coworkers. This employee has prevented me from getting a higher salary and has branded me with a bad reputation with bosses of that company so I didn't feel I could do my job with the stress of having to prove myself every day. Can I take him to small claims court for defamation?