Isn't this illegal?

[Apaleador]

California

My new employer fired me after one week of work.

She said she talked to someone she knows personally at my previous job and that he said I was not dependable. He didn't even work in my department. She called him at his home and asked about me and he told her that I had missed to much work (all was medically excused) and that she couldn't depend on me. She told me this when I asked her what he said.

She then said I was going to be taken off the schedule and that she was sorry.

Can she do this?

 

[CourtClerk]

Absolutely. There is nothing illegal about it.

 

[Apaleador]

Thanks for your reply.

The reason I asked was because the human resources dept. said that all references goes through them and all they could say legally is when I started working and when my job ended. Anything negative was against the law. They said we are to put the human resource number on our applications instead of the supervisor's number. This way if there are any hard feelings between my supervisor and I he won't be tempted to break the law by saying anything that would prevent me from getting another job. And they have no record of anyone calling them asking about me.

 

[ShyCat]

The reason I asked was because the human resources dept. said that all references goes through them and all they could say legally is when I started working and when my job ended. Anything negative was against the law.

That is simply company policy, not "the law". No state or Federal law exists that bars employers from saying anything negative. If "Joe is not eligible for re-hire" is the truth, it is NOT illegal for the employer to say exactly that, for example, negative connotation and all.

 

[Apaleador]

Thank you for clearing that up.

 

[cbg]

There is a widespread and persistant, but mistaken, belief that employers are limited to (choose among the following); only dates of employment; eligibility for rehire; salary info.

There is no truth WHATSOEVER to this. Employers in all 50 states may legally give out ANY information that is true, that they have an honest and good faith belief is true, or that represents their honest and supportable opinion.

There is NOTHING illegal about a negative reference. A FALSE reference, yes. A NEGATIVE reference, no.

Just wanted to make sure there's no misunderstanding here.