Legal Question in Employment Law in Kansas
Is this a privacy violation?
My 18 yr old daughter was just told by a potential employer that one of her job references said she was fired last year because she had to leave for a 30 day drug rehab program. She was not fired, but was invited to return to her job when she completed the rehab program. Can they get away with saying that?
1 Answer from Attorneys
Re: Is this a privacy violation?
This could be a potential violation of the law, especially if the employer knowingly made the false statement. Even the disclosure about drug rehabilittion could violate privacy laws and a common law right to privacy. In part, the answer might depend on whether an authorization was signed to contact the former employer. If this occurred in Johnson County, most employers should be smart enough not to disclose such information. As with most legal problems, a lot depends on the specific facts. I would suggest you contact a competent employment attorney to investigate this further. I work with a lot of Johnson County people and would be glad to consult with you at no cost. You can call at 785-830-8555, or e-mail me at [email protected]. I also could refer you to an attorney in Overland Park if you would prefer. Good luck. Michael Shultz (shultzemploymentlaw.com)