Legal Question in Employment Law in California
Giving out my info to my ex??
My question is regarding my privacy.
I was terminated and at the meeting
was a rep from Human Resources, my
direct boss (and the CEO/President) and
the CFO. Several months after I was
terminated, my ex-spouse contacted
the CFO, to obtain information on the
termination, what occurred at the
meeting, etc, with the express purpose
of using it against me in a court case.
He willingly (without a court order) gave
out details of the meeting and the
reasons he surmised which conflict with
the offical documentation received from
the company.
Is the CFO obligated to protect my
privacy and is he allowed to do this???
3 Answers from Attorneys
Re: Giving out my info to my ex??
Your workplace rights are governed by an employment contract if there is one. If not, you are governed by the at-will status of California, and any common law protections that may apply. It is unclear what type of position you had at the company, and whether you and the company had any signed agreements in place. Generally speaking, employers have the rigth to divulge employment information to 3rd parties under limited circumstances. Employers have the privilege to divulge information in some circumstances. But the privilege may be abused, opening them up to liability. You may have a cause of action.
Please feel free to call if you wish to discuss it further.
Sincerely,
Sergio Benavides
Re: Giving out my info to my ex??
Personnel matters are considered confidential and should not be disclosed to anyone without your authorization. Also, depending on what was said about you, there is a potential for slander.
The concern I have is that if the CFO is subpoenaed to testify against you (his out of court statement would be considered hearsay otherwise) and says exactly the same thing, what have you gained by suing him?
You'll need to carefully consider what you want to do.
Re: Giving out my info to my ex??
I am terribly sorry to hear about your situation. I am not clear about what information was shared. However, most information is confidential and protected under your rights to privacy. You may have some legal actions against the employer, however, said claims have very specific standards of proof and damages. I would need far more detail to help you assess if there is a true violation, other than the emotional (rightfully so) one you feel.
If you wish to discuss this further, you are welcome to contact me.
Best of luck. Sincerely, Beth Mora