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Employment Termination

Employment Termination

Postby Broddy » Wed Jan 15, 2014 10:53 am

Broddy
 
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Employment Termination

Postby Garnell » Fri Feb 07, 2014 10:05 pm

Val: Sorry to hear about your issues, and that your former employer's management seemed to have trouble honoring the privacy of a personnel matter.  Unfortunately, however, there is no state or Federal law that prohibits such disclosures in themselves.

This doesn't necessarily mean you are without any possible remedy, but assuming there is no written company policy requiring confidentiality that may have been violated, in order to have any sort of legal claim you would probably need to be able to establish a case of defamation(libel or slander.)  While I am not an expert in defamation litigation, the basic elements are:

1.publication of a statement; 2. that was defamatory concerning the plaintiff; 3. with the requisite degree of fault. These elements are clearly not self-explanatory, but there is a pretty good website which contains much more detail, so you can get an idea of what the issues are in a defamation case:  http://www.dmlp.org/legal-guide/texas-defamation-law

Without knowing all of the facts of your case, I can't tell you with any certainty about your chances.  However, my guess is that the biggest problem you might have with asserting such a claim would be the fact that "substantial truth" is normally a defense that can defeat the claim.  So if the information the company managers disseminated was truthful, even if damaging to you, it's possible your claim would be defeated.  On the other hand, if false statements were made, you might have a claim worth pursuing.  To that end, I would recommend you get in touch with an experienced employment lawyer in your area and discuss the situation with him or her.  If you don't know any lawyers, you can do an internet search on the name of your city and/or county, and the words "bar association referral", and you'll be able to get the information you need.

I hope you find this helpful.
Garnell
 
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