I was terminated from my job, and I was granted unemployment, my old employer is appealing the decision. Is it legally a violation of my privacy for my ex-boss to discuss this with current employees at my old job?
2007-04-20 16:24:43 · 6 answers · asked by niknob 1 in Business & Finance ➔ Careers & Employment
That depends on the way in which the discussion occurs and with whom the discussion is held. Even if it is a violation, it's hard to see what you might be able to gain from a lawsuit. If you were terminated for cause, the company could countersue, especially if the cause was serious.
2007-04-20 16:29:47 · answer #1 · answered by Still reading 6 · 0⤊ 2⤋
It is not a privacy violation. Your employer is entitled to discuss any work-related information about you with others in the workplace. I think you may be confusing this with your rights under the HIPAA, which deals with protected health information and DOES involve privacy rights.
Is it a good management practice for an employer to discuss a former employee's legal proceedings, disciplinary actions, etc., with current employees? No - but it isn't illegal. In some cases, the boss may need to consult with different employees - HR, payroll, the former employee's supervisor, etc., in order to obtain info and evidence needed to appeal a legal decision.
2007-04-20 17:21:50 · answer #2 · answered by Mel 6 · 0⤊ 0⤋
While it may be rude and crass, no it is not a violation unless he is being libelous or slanderous - saying things that are not true to the other employees.
What he is doing is using you as an example about how he'll prevent others from getting unemployment should a situation like this occur again.
You could ask an attorney to write you a cease and desist letter regarding the open conversations he's having - you could even write one yourself - threatening legal action should he continue to carry on in this manner.
Just be prepared to either have to file suit, or be frustrated at not being able to back up your words with action. I would in that letter include wording that should he speak of you in this manner with any future references you will seek damages. Most companies have a very strict policy regarding references being fearful of retaliatory lawsuits - carbon copy Human Resources if the company has one to put him on warning.
2007-04-20 16:36:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
yes this is a violation of your privacy because your boss was not suppose to do that talk to somebody about that
2007-04-20 16:30:10 · answer #4 · answered by juanita2_2000 7 · 1⤊ 1⤋
i would not think so. they are talking about current events at their place that concerns the company. but ,
im not a lawyer, check it out.
2007-04-20 16:34:29 · answer #5 · answered by gary w 4 · 0⤊ 1⤋
It depends...where they somehow involved in your termination?
I think it is tacky... but I don't think it is illegal.
2007-04-20 16:29:44 · answer #6 · answered by Donna W 3 · 0⤊ 2⤋