In today’s competitive job market, a reference from a former employer can make or break your chances of landing a new position. But what happens when that reference turns sour—especially after you’ve filed a complaint, stood up for your rights, or reported misconduct? In California, retaliatory job references are more than just unfair—they may be illegal.
Retaliation After Separation: A Quiet Barrier
Retaliation doesn’t always happen while you’re still employed. Some workers experience it only after they leave, when their former employer gives a negative or misleading reference out of spite. These retaliatory references can come in the form of:
- False or exaggerated claims about your performance
- Negative tone or reluctance to confirm employment details
- Comments implying you were difficult or litigious
This kind of retaliation can undermine your job prospects and damage your professional reputation, even when your workplace record was strong.
California Law Protects Workers from Retaliation
Under California Labor Code § 1102.5, it’s unlawful for employers to retaliate against an employee (or former employee) for disclosing information the employee reasonably believes violates state or federal law. This protection applies even after your employment ends. If an employer gives a retaliatory reference in response to a complaint you made—such as reporting harassment, discrimination, or wage violations—they could be in violation of California law.
Additionally, the Fair Employment and Housing Act (FEHA) also prohibits employers from taking retaliatory action against individuals who assert their rights under the law. This includes protections after you’ve filed a discrimination or harassment complaint, even if you’re no longer working there.
What Employers Can and Can’t Say in a Job Reference
California law does not require employers to provide references at all. Most employers stick to confirming job titles and dates of employment to avoid potential liability. However, if a former employer chooses to share more, the information must be:
- Truthful and based on documented performance, not retaliation
- Not misleading or malicious, especially if shared in bad faith
- Consistent with your personnel file, if you request it under Labor Code §1198.5
What to Do If You Suspect Retaliatory References
If you’ve been rejected from roles you’re highly qualified for and suspect your previous employer may be the reason, it’s important to act. You can:
- Ask the prospective employer whether they received a reference and from whom
- Consider asking a trusted contact to perform a “reference check” to see what is being said
- Document all interactions and job rejections
- Speak with an employment attorney about your rights
You Don’t Have to Face This Alone
Retaliation can take many forms, even subtle ones like a job reference meant to sabotage your next opportunity. If you suspect this is happening to you, it’s time to get legal support.
The experienced employment attorneys at Rothschild & Alwill, APC can help you assess whether a reference crossed the legal line and guide you through next steps. Call our Bakersfield office at (661-369-8510) or our Santa Barbara office at (805-845-1190) for a confidential consultation at no charge. Se habla Español.