Los Angeles, CA asked in Employment Law for California

Q: I'm leaving my job for academic purposes and completing my 2 weeks. If I'm flagged as nonrehirable, can I do something?

My boss is know to take things personal and has been known to flag people as non rehirable. Would I be able to file a lawsuit for defamation perhaps?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Unfortunately, no. The employer is allowed to have any opinion about their assessment of your value as an employee and to give that opinion to any prospective employer. Opinions are not actionable as defamation. However, if the employer goes further to make untrue statements of past or present fact that causes you to lose reputation, you might have defamation, but then you have to get around a privilege from the Civil Code that allows a former employer to say just about anything, untruthful or not, to a prospective new employer who calls for a reference, unless you can also prove the former employer made the untruthful factual statement with malice.

Good luck to you.

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