You've worked hard to build your career. But what happens if someone tries to sabotage your next opportunity? In Washington, this practice—called blacklisting—is illegal. If you suspect a former employer or colleague is damaging your reputation with prospective employers, here's what you need to know. 
What Is Blacklisting?
Blacklisting happens when someone willfully and maliciously communicates or publishes statements intended to prevent you from getting hired or to influence an employer against you. For seasoned professionals, this often looks like:
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A former employer sending negative emails to recruiters.
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A colleague spreading false information to hiring managers.
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A company discouraging others from hiring you after you left on bad terms.
The Law in Washington
Under RCW 49.44.010, blacklisting is a crime. Courts have also said it can support a civil lawsuit for damages if you've been harmed. To win, you must prove:
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Intentional and malicious conduct – Not a mistake, but a deliberate act.
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Communication to a third party – Someone told your prospective employer something harmful.
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Purpose to block employment or cause discharge – The goal was to hurt your career.
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Resulting harm – You lost a job or opportunity because of it.
Why This Matters for Established Professionals
For those in leadership or specialized roles, reputation is everything. A single damaging email or phone call can derail months of networking and interviews. Blacklisting can cost you:
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Executive-level positions
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High-paying roles
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Opportunities in niche industries
What Evidence Do You Need?
You'll need real proof, not just rumors. Examples include:
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Emails or letters sent to prospective employers.
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Testimony from hiring managers who received those communications.
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Evidence that the statements were false or made in bad faith.
What About References?
Employers who give references are generally protected under RCW 4.24.730, as long as they act in good faith. But if they knowingly provide false or misleading information, that protection disappears.
Retaliatory Blacklisting
If you were blacklisted because you reported discrimination, harassment, or other unlawful practices, Washington's Law Against Discrimination (RCW 49.60.210) also protects you. Retaliatory blacklisting is illegal and can lead to additional remedies.
What Can You Recover?
If blacklisting caused you to lose income or career opportunities, you may be able to recover:
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Back pay and front pay (lost wages and benefits)
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Reinstatement or hiring
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Attorney fees
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In some cases, damages for emotional distress
FAQ
Is blacklisting always illegal?
Yes, if it's done willfully and maliciously to harm your employment prospects.
Can I sue for blacklisting?
Yes, if you can prove the elements above and show harm.
This content is for general informational purposes only and is not legal advice.
Contact Barden & Barden today to schedule a consultation. Let's talk about your options.
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