“I will make sure you never work in this town again!” Most people have heard this phrase uttered in movies or read it in a book. While it can make for good drama, this type of blacklisting can have serious consequences for those who truly try to keep someone from working again in their industry. At the law offices of Lawrence R. Jensen & Associates, we know it is important for you and other California business owners to understand the laws regarding blacklisting.
Blacklisting, as you may know, is the practice of sharing information about a person with other employers in the area to prevent him or her from getting a job. Many companies keep informal blacklists to warn other companies that someone is undesirable or unemployable. There are numerous reasons you or your hiring manager may want to put a job applicant or former employee on a blacklist. He may have lied during an interview, embellished his resume or failed to show up for a scheduled interview. She may have been consistently late to work, incompetent or verbally or physically abusive to other employees. Understandably, you may want to spare others the agony of working with a difficult employee.
However, as the California Legislature explains, preventing or attempting to prevent someone from gaining employment is a misdemeanor in California. Therefore, you may find yourself facing legal consequences by sharing a blacklist with other business owners or managers, regardless of how well-intentioned you are.
Employment law is complex and often requires experienced counsel to protect your interests, as our business litigation page explains.