QUESTION

Would it be illegal for an agency i had resigned from to release details to an agency i was applying for?

Asked on Apr 27th, 2017 on Labor and Employment - California
More details to this question:
I recently resigned from an agency and attended an interview with another who asked me several questions specific to the issues I had resigned for. It appeared as if they had spoken to someone and gathered details/info before the interview. I was under the impression that agencies cold only release specific details when contacted for reference?
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1 ANSWER

Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
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Ryan, its not clear what the purpose of the second interview with the second agency was for...however, generally speaking there is a privilege that exists between past employers and prospective employers concerning information provided with respect to an applicant for employment...under California law, Labor Code Sect. 1050 however, it is unlawful for a past employer to provide false informatiopn concerning a past employee for the purpose of preventing the reemployment of that employee. If the information is false there may also arise a cause of action for defamation depending upon what was said. Bear in mind that the above only applies if the information being provided is false. Should the information provided be true there would be no cause of action UNLESS the information provided violated some clonfidentiality agreement or some statute prohibiting the dissemination of such information without the prior consent of the person to whom it pertained, i.e. medical or health information. Stephan Math Esq., smesq1@aol.com
Answered on Apr 27th, 2017 at 11:37 AM

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