Legal Question in Employment Law in New York
Executive Recruiter breach of confidence.
An executive recruiter, who saw my confidential resume posted on Monster.com, contacted me stating she had an employer that wanted to meet me. She told the employer that I had been laid off from my current position, one week earlier.
Both comments were false; the employer had no idea who I was, and I was still employed. The prospective employer, my company's competitor, called the owner of my current company for a reference. The owner of my current company confronted me, and even though I have not yet been terminated, my work environment can easily be labeled as ''hostile.''
If the recruiter had not blatantly lied to the competitive company, stating I was no longer employed, they would not have called, alerting my company that I was searching for a different job.
In addition to the above, the recruiter called an officer of my company, telling them that my confidential resume was posted on Monster.com.
Can this recruiter be sued for lost wages if I am terminated because of their deceit. Can they be sued if I have to leave voluntarily due to a hostile work environment brought about by their deceit & breach of confidence?
1 Answer from Attorneys
Re: Executive Recruiter breach of confidence.
I am sorry to hear of your unfortunate circumstance, and it sounds like this recruiter has the twin bad traits of being overly aggressive and a bozo.
Name calling aside, I think a lot turns on when you knew what the recruiter had done. In other words, did you go on the job interview knowing that the recruiter had told your company's competitor that you had been laid off? If so, you may be deemed a participant in the fraud.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for general information purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be achieved through the execution of a formal retention agreement.
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