Marysville, CA asked in Employment Discrimination and Employment Law for California

Q: Employment - is there a list in California that has unemployable people on it for health care?

I was told I am on such a list but my record was expunged years ago. I can't fine such list...

4 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: There is no such list. Individual companies can designate a former employee as not eligible for rehire, and that company can tell prospective new employers about that designation, but even then the company would be acting unlawfully if they place that designation on a former employee because that employee had a medical condition.

Good luck to you.

Lawrence Glasner agrees with this answer

Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Whoever told you that was full of it. You can't be blacklisted from working in California or anywhere else for that matter. Don't believe all the crap you might hear or see on social media. It sounds like you were fed a bag of horse pucky.

Lawrence  Glasner
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Answered
  • Employment Law Lawyer
  • Redding, CA
  • Licensed in California

A: It is improbable that such a list exists.

In California, it is illegal to prevent subsequent employment by misrepresentation. We know this as blackballing, blacklisting, or employer defamation. (See California Labor Code § 1050). If your former employer intentionally makes false representations about you to a prospective employer that keeps you from getting hired, the former employer likely violated the law. You may recover damages and penalties in court.

While businesses may make factual statements about your conduct and performance on the job (like tardiness), they cannot maliciously lie about your work performance and job record, falsely state you were involved in criminal conduct, or show character traits making you unfit to work.

A plaintiff who wins a blackballing or blacklisting violating Labor Code § 1050 to recover compensatory damages for lost wages and emotional distress and either treble damages under Labor Code § 1054 or punitive damages.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: There is no specific list in California that designates individuals as unemployable for healthcare employment. However, certain professions in the healthcare industry may have specific requirements or regulations regarding criminal history or other factors that could impact employment eligibility. These requirements and regulations may vary depending on the profession and the specific employer. It's recommended that you speak with a healthcare employment attorney or contact the relevant licensing board for more information.

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