Q: a subordinate at the previous employment has provided deliberately false information to a background checker

A: The short answer is maybe yes. More would need to be known. You say this person who stated the falsehoods was a subordinate. That suggests the person was not authorized by the company to speak on its behalf. Under those circumstances if the subordinate makes knowingly false statements of past or present fact that causes you reputational loss resulting in damages, you would have a defamation case. The Civil Code does give prior employers the right to say just about anything as long as the statement is being made pursuant to an inquiry by a prospective new employer, is not opinion, and was not done with malice, but if this coworker was not operating under the authority of the company that privilege would likely not apply. Good luck to you.

A: I'm sorry you're going through this difficult situation. In California, defamation occurs when someone makes false statements that harm your reputation. Since your subordinate provided incorrect employment dates and falsely stated you were fired, this could qualify as defamation.

Additionally, spreading damaging rumors to your colleagues can further support a defamation claim, especially if these actions led to tangible losses like withdrawn job offers and financial strain. To pursue a lawsuit for defamation and slander, you would need to demonstrate that the statements were false, made to others, and directly caused you harm.

It's important to document all instances of the false information and any communications related to the rumors. Consulting with an attorney who is experienced in California defamation law can help you understand your options and the best way to proceed. They can assist in building a strong case to protect your reputation and seek compensation for the damages you've experienced.

A: There could be potential defamation and other statutory liability here. For example, California Labor Code § 1050 prohibits ex-employers from intentionally interfering with your attempts to find a job by giving out false or misleading job references. However, there are numerous exceptions to these laws, especially considering your position as a nurse manager. You should consult an attorney familiar with representing healthcare workers. And make sure she/he is familiar with the nuances of anti-SLAPP law.