Question:
Is there a legal standpoint against the employer if no action is taken?
2010-11-26 08:27:59 UTC
The district manager of a place of employment in Augusta, Georgia shared information that a particular employee's job may be insecure to a person who not only has no affiliation with the company, but was also acquainted with the employee in question. The district manager's boss has been contacted. If no action is taken, is there any legal action that can be taken? Proof would be very much appreciated.
Five answers:
2010-11-26 08:32:26 UTC
Legal action for what? There's no confidentiality agreement here.
2010-11-26 08:59:49 UTC
Exactly what do you think could be actionable here? If I'm a manger and I say "Boy, Ralph sure is a lousy employee. If he doesn't get it together he's going to be out of a job," there's nothing incorrect, illegal or inappropriate about such a statement. If Ralph isn't even fired then there's less of a reason to file a lawsuit, especially as there are no damages.
Rick
2010-11-26 08:39:52 UTC
Can't provide "proof" due to lack of details...



But I'd like to know if their were any actual damages to you caused by this conversation. Also, was this a true statement? Did you already know that your job was "insecure"?



Is it only your specific job and you only that was discussed? Was it more like "yea, I know John, he's in customer service. A good worker and I'm worried that there will be cuts to his department if we can't pick up our sales during the holidays"?



On the other hand, if I have a jerk for an employee and am considering firing him, and discuss it with a friend who also knows the jerk, I have every right to do so.



Fundamentally what actual damages was there and was the information untrue?
The Truthseeker
2010-11-26 08:36:01 UTC
It was poor judgment, but I do not beleive there would be any legal action if the information is true. If it was purposely false, it is possible if there are negative financial consequences.
2010-11-26 08:38:10 UTC
It depends on if there is confidentiality agreement in place. You can check with the EEOC or ACLU.



http://www.eeoc.gov/

http://www.aclu.org/


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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