Post employment inquiries - California

Summary of differences between federal and state regulations

In California, an employer/former employer may disclose a communication about job performance or qualifications of a person to a prospective employer upon request if:

• The communication is based on credible evidence,
• The communication is made without malice, and
• The employer/former employer believes he/she is communicating with a prospective employer.

This includes saying whether or not he/she would rehire the employee/former employee. This does not include any communication about speech or activities protected by the constitution or law.

A former employer may disclose a truthful statement about why a former employee was discharged or left voluntarily, according to Labor Code Section 1053.

No business establishment may blacklist a person because of the reasons listed under the California Civil Code 51.5. An employer may not use or allow the use of misrepresentation to prevent or try to prevent a former employee from obtaining employment.

State

Contacts

California Department of Fair Employment and Housing

California Department of Industrial Relations

Regulations

California Civil Code Section 47

California Civil Code Section 51

California Labor Code Section 1050

California Labor Code Section 1052

California Labor Code Section 1053

Federal

Contacts

None.

Regulations

None.