QUESTION
Can a previous employer tell a prospective employer that you filed a workers' compentsation claim against them?
Asked on Sep 11th, 2019 on Labor and Employment - California
More details to this question:
I was injured at work and filed a workers' comp claim against my employer. I was out on leave for 2 years which was the maximum time on a WC claim. I am now able to go back to work, however, I have reason to believe that my previous employer is relaying the fact that I filed the WC claim against them. I am sure prospective employers are going to be hesitant to hire me. I have an impeccable work background and over 20 years experience. I have been looking for work for a year without any offer of employment. I believe my previous employer is hindering my ability to get a job.
1 ANSWER
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Past employers have a conditional privilege to make certain statements about an employee to a prospective employer. However, employers must also protect employees' privacy rights, particularly in connection with medical information, and there are protections for WC history. You may find this article useful.
Answered on Sep 12th, 2019 at 3:43 PM