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I suspect a previous employer put a negative review in my personnel

 

Customer Question

I suspect a previous employer put a negative review in my personnel file. It seems the last 3 jobs I've had since something is wrong, I believe my present employer released what is in my personnel file to my co-workers. Is this illegal? Can I file a lawsuit against them?

 

Optional Information:
State/Country relating to question: Illinois

Already Tried:
nothing so far, I've asked my present employer what is being said she tells me I'm on a need to know bases. However when I walk up my co-workers are like shhh shhh she's coming.

Submitted: 253 days and 14 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  MDLaw replied 253 days and 14 hours ago.

Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

No, there is no right to privacy with respect to what is in your personnel file unless it has to do with medical information.

Thank you for allowing me to assist you and if you still need clarification, please read on below.

*********************
Kindly take into account that I do not make the laws and so please do not shoot the messenger if you are unhappy with the law not being on your side since I do not have the power to make the laws or change them. What I can do though is help you to understand the laws.

Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.


Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 92.7 %
Accepts: 3693
Answered: 8/2/2012

Experience: Experienced attorney representing companies and individuals in employment law matters and litigation

Ask this Expert a Question >
Customer replied 251 days and 14 hours ago.

In the state of Illinois it is ok for my boss to release personal information about me even if it has never been presented to me? I'm have always had a gut feeling something is wrong although nothing has ever been given to me. If I were to get fired is it okay for management for tell my co-workers before me? What is mdlaw?

Customer replied 246 days and 14 hours ago.

Good evening,
11729993-773

My previous question was. Is it illegal for my employer to release personal information about me to my co-workers. You said no. It was my understanding that a previous employer can only tell a future employer that 1. I did work for them 2. the dates I worked for them. If this is true where are things put on my permanent file? Am I able to sue for tort-ism? There is a whole office of people who don't seem to like me. I am not understanding why. Do I have to quit my job to sue for tort-ism?

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Expert:  MDLaw replied 246 days and 14 hours ago.

No, it is incorrect that a previous employer can only tell a future employer that you worked for them and the dates. For some reason, that is a very common misconception. An employer can tell a future employer anything they want so long as it is not a lie.

There is no such cause of action as "tort-ism".

Thank you for allowing me to assist you and if you still need clarification, please read on below.

*********************
Kindly take into account that I do not make the laws and so please do not shoot the messenger if you are unhappy with the law not being on your side since I do not have the power to make the laws or change them. What I can do though is help you to understand the laws.

Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.

Customer replied 246 days and 14 hours ago.

I don't understand your reply:

"There is no such cause of action as "tort-ism".

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Expert:  MDLaw replied 246 days and 14 hours ago.

You asked if you could sue for "tort-ism" and there is no such cause of action.

Thank you for allowing me to assist you and if you still need clarification, please read on below.

*********************
Kindly take into account that I do not make the laws and so please do not shoot the messenger if you are unhappy with the law not being on your side since I do not have the power to make the laws or change them. What I can do though is help you to understand the laws.

Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information.

 
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