what, if any, laws apply to employment verification

I quit my job of 4 years late last year, after giving a 30 day notice. Unfortunately in my last two paychecks my employer only paid me half my pay. I worked out of a home office in California and the company headquarters are out of Pennsylvania. I filed a wage claim with the state of California and won the judgement. Now I live in Colorado to attend graduate school and every time I give a prospective employer the information to contact my former employer I don't get offered the job, when I'm completely qualified. I have been offered other jobs that don't ask for the references so I can only imagine they are responsible. I want to have a friend call and pretend to be a hiring manager to see what they are saying, but my question is this, who's state of laws dictates what they can say?

In California, it's very cut and dry, I think the only question they can answer is to verify that I worked there from what date to what date, but I don't know who's state of laws to follow?

Any help would be great! It's really unfortunate that I gave 4 years of my life to one company and can't be guaranteed that they are not continuing this culture of trying to hurt me!!

If it is false or even if the employer thinks its true you have redress in the courts. Whether it is true is left up to a Jury or a judge. A prospective employer as well as a former employer could be guilty of negligent conduct, particularly if the sought position involves risk to the person as well as property of others (That’s most jobs).

That said the prospective employer that checks the references and the former employer that supply information, are subject to potential liability if the exchange of information illegally harms the job applicant. This may arise under several common law principals, such as defamation, the right of privacy, and most important interference with prospective economic advantage.

Some states have enacted statutes to modify the common law this along with recent court decisions have begun to slowly move in favor of the job applicant.

Rightfully so in my opinion, since the potential for defaming a former employee by giving a bad reference is obvious. With the rise of easy access through current technology such reform is long overdue. Even company’s that try an end run, attempting to reduce liability by having former employees signing a release form stating that the company will not be held liable in some cases is insufficient.
So the former employer should evaluate with honesty any request he/she receives regarding employee reference.


Defamation is divided into the torts of libel (publication) and slander (Speech).
Liability ensues under the following:
1. An "unprivileged" publication to another.

2. A statement that is false and defamatory,and

3. fault with respect to publication.In some instances, a plaintiff must prove that the statement has caused special harm.

JoeC