Can a Past Employer Tell Prospective Employers Not to Hire Me?
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You are legally allowed to say no when asked if you’ve ever been convicted once the crime is expunged. Therefore, it is not recommended to disclose an expunged conviction. In some cases, not all records are expunged. You may need to petition the court to specifically order that the photographs be expunged by the department that retains it.
A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to expunge public records. Please see the link to the form below.
Employees in some cases sue former employers for libel (defamation in written form) or slander (defamation in oral form). A defamatory statement is one that harms a person's reputation by lowering his or her standing in the community or deterring others from associating with him or her. Defamation exists when the statement is false, communicated to a third party, and no special privilege exists. Successful lawsuits have been based on statements in discharge letters and negative references to prospective employers. Truth is an absolute defense in any defamation lawsuit, and thus it is important that an employer always state truthful reasons for any termination.
It is illegal for an employer to injure, through misrepresentation, an employee’s reputation or prospects for new work. An employer could be held legally liable if any false information was provided, especially if it is disparaging or accuses an employee of criminal behavior or immoral conduct, unless the employer believed in good faith that the information was true.