Comments for Hess on Business Law

Comment on Important New Law for California Employers by Crystal Lynn

Crystal Lynn — Fri, 06 Jan 2012 21:54:14 +0000

Excellent advice. Thank you Laura for your expertise in this area. WHW truly appreciates it.

Have a wonderful weekend.

Comment on Important New Law for California Employers by laurahess

laurahess — Fri, 06 Jan 2012 21:48:50 +0000

You are allowed to provide factual information about the employee to prospective employers, such as salary history. There is nothing per se prohibiting you from responding to questions about the former employee’s job performance. However, I usually advise against responding to these questions. The reason for this is that if you provide any negative information, it potentially exposes you to liability for slander. A disgruntled former employee who did not get a job because of a negative response from you to the prospective employer about his or her job performance may sue you if they disagree with your statement. It is a defense to slander that the statements were either phrased as a matter of opinion or that the factual statements were true. However, you don’t really want to opoen that can of worms and have to fight about it in court. Therefore, the best way to avoid a potential lawsuit is just to adopt a standard policy that you provide information about the employment dates, final rate of pay, etc. but no commentary on the reasons for the person’s separation from the company or his or her job performance.

Comment on Important New Law for California Employers by Crystal Lynn

Crystal Lynn — Thu, 05 Jan 2012 03:58:29 +0000

In regards to an employment verification process, what are former
employers allowed to disclose?

I have long known that employers are allowed to state the dates you were
employed, as well as job title, and to some extent, are allowed to
answer yes or no questions such as “would you re-hire the employee?”
etc.

What I really want to know is, is the former employer allowed to
disclose non-confirm/deny information, such, as “How did the employee
perform in his/her function?”

I am specifically interested in knowing if the employer can legally
answer, “What was the employee’s salary?”

Any direction is appreciated.

Comment on No More Asking for Zip Codes? by Should I Provide My Zip Code To Retailers Who Ask?

Should I Provide My Zip Code To Retailers Who Ask? — Thu, 09 Jun 2011 14:27:15 +0000

[...] at least two pending lawsuits [Party City Corp. v. Superior Court, (2008) 169 Cal.App. 4th 497 and Fogelstrom v. Lamps Plus, Inc. (2011) DJDAR 7276] where customers (of the aforementioned retailers) have filed suit. In both lawsuits, the plaintiff [...]