Legal Question in Civil Litigation in New Mexico

Accusations

If I had previously worked in an office where I had embezzeled some monies, which was a questionable amount, but I I informed my employer before he found out and paid back all the monies, I was never charged of this. His wife in the meantime had been embezzling for years, and put some of the monies on me causing me to pay back more then what i admitted to. My question is that I am in another office now and my former employers accountant is a patient here. would it be against the law for him to tell my current emploer anything.


Asked on 1/29/01, 4:00 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Accusations

Disclosing anything of public record is never "against the law." Neither is the telling of most things about others, depending upon the motive.

If one is shown to have a bad motive in speaking of another, for instance attempting to have one fired, then it is not "against the law" in the criminal sense, but may impose civil liability on the teller.

The deliberate malicious spreading of gossip, even if true, may be actionable if it interferes with another's employment contract and causes harm. The cause of action is often referred to as an intentional tort.

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Answered on 3/15/01, 10:36 pm


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