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Previous employer is calling my future employer and says if im hired he will blacklist him from upcoming events. is this legal?

Santa Ana, CA |

i ended work in a good manner, was polite and curtious the whole time. i gave 2 week notice and even offered to help while they found my replacement. i need to work, im good at what i do., one of the best and , my previous employes knows this. he cant go out of his way to 'blacklist' me can he??

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Posted

I am often asked the question . . . "They can't do that to me, can they?" The answer is, "it depends. I would need much more information about your type of employment, circumstances of your termination/discontinuance of employment and a little insight as to the motives your former employer may have for taking this extreme and troublesome position. The only way to fully analyze your situation is through a no-charge office consultation. You can make an appointment by contacting me at davidmurraylaw@sbcglobal.net.

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Posted

Your legal rights depend on what your ex employer is saying about you and why.

He cannot "blacklist" you by make misrepresentations about you. Also, if he is attempting to interfere with your prospective employment relationships for an unlawful reason, that would be actionable, as well. However, if he simply refuses to have a business relationship with a company that employs you because you left him, I cannot think of a legal claim you might have.

Perhaps, the collective wisdom of my colleagues can come up with an idea. (Constructive non-compete against public policy, anyone?)

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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Michael Charles Doland

Michael Charles Doland

Posted

Constructive non-compete against public policy? Very, very creative, but I would really have to think about it. Giving a bad reference is one thing; seeking out prospective employers seems to be over the top.

Posted

As Mr. Murray points out, additional facts would be helpful to an analysis, but might be more appropriate to a private attorney visit rather than in a public forum such as Avvo where no attorney client relationship exists and therefore no attorney client privilege. A preliminary analysis is that this might be interference with contract or interference with prospective business advantage because of the affirmative acts of your former employer.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Asker

Posted

Its a catering company. My knowledge of the business would undoubtedly help which ever company I so choose to work for. But when he goes and tries to prevent me from gaining employment by saying untruths to potential employers.....that's when the question of legality comes I.to play for me. I just want to work in what I'm good at. And he's threatening future employers to hurt their sales if I'm given employment. Thanks to all of you.

Posted

I do concur with my colleagues that additional information is necessary to determine the actions, if any, that could be taken in your situation. I like tortious interference with prospective relationship especially given the malicious motive involved. I would also look at possible defamation if your former employer publishes defamatory statements about your future employer. But it all depends on what your former boss does to "blackmail" your future boss.

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David Dene Murray

David Dene Murray

Posted

In your zeal for retaliation and revenge and maybe even "justice", don't forget that truth is a complete defense to any action based in libel and we in the United States enjoy our First Amendment privileges of Free Speech. With the scant information provided, your case cannot be properly analyzed. As my esteemed colleague, Michael Kirschbaum, states above, "Your legal rights depend on what your ex employer is saying about you and why." Interference with prospective business advantage might prove difficult to win unless you were able to prove all of the elements of that tort, and not lose on the defenses. The mere fact that the former employer is making derogatory statements about you does not necessarily result in a viable legal action. While your point of view appears to be that you were a model employee, the employer may have a different view. It is these differing viewpoints that attorneys must beware of in accepting cases like these, especially on a contingency fee basis, lest they become embroiled in a squabble between a former employee and a former employer that just cannot be won. I agree with Michael Doland that it would be more appropriate for you to visit a private attorney, rather than attempt to find an answer on a public forum such as Avvo on this type of matter.

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