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Allen M., Esq.
Allen M., Esq., Attorney
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Experience:  Lawyer and legal specialist.
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Hi, I manage a medical equipment company. We lost a big contract

Resolved Question:

Hi, I manage a medical equipment company. We lost a big contract with Gentiva home health around December and it really hurt our business. I started filling out applications for a new job and was contacted by the company(Southern Patient Care) taking over our old contract. They offered me a job and I turned it down. I have stayed with the same medical equipment company. Well today my boss went to talk to the Manager of Gentiva Home Health (our old contract) and the Manager told my boss that they knew I tried to get a job with Southern Patient Care and they would not keep me employed if He were them. Can I sue for slander or Southern Patient Care giving my information to them?
Thanks,
Justin
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

When you say that you started filling out applications, did you fill out an application with Southern Patient Care?

 

Why did they contact you? How did they know you were looking for work? Did you just fill out a general, headhunter application?

 

 

Customer: replied 1 year ago.
They were hiring through a job board and I sent my resume. They then called me because they were interested in hiring me.
Expert:  Allen M., Esq. replied 1 year ago.

Ok. Here is the problem.

 

It is not illegal to say that you were looking for work there. It's not legally confidential information.

 

It is also not slander or defamation of character, because it was true. You did send your application to the company. It is a fair statement and not legally unreasonable inference to say that you were looking for work there. The fact that you didn't take the job doesn't legally change the fact that you did apply there.

 

The point here is that truth is a complete defense to slander or any form of defamation. The remainder of their statement "I wouldn't keep him if I were you" is an opinion statement and on they are legally entitled to hold and share with others.

 

Now, I'm not saying they behaved professionally or fairly here at all. The point though is that there is no legal claim here. It was not legally slander and it was not legally confidential.

 

I wish I could tell you differently here, but I'm simply respecting you enough to be honest with you here.

Customer: replied 1 year ago.
Is there any action to be taken against the company the contacted them and gave them this information?
Expert:  Allen M., Esq. replied 1 year ago.

Again no.

 

It was both true and not confidential. There is no law that makes it illegal to say that someone applied to your office for a job. It's just not made confidential by any statute or regulation anywhere.

 

For something to be confidential, a specific statute or regulation has to make it so. Medical information, bank information, social security information, etc. all have a statute that specifically makes it confidential.

 

Your applying to an employer isn't confidential. I'm sorry. Again, I wish I could tell you differently here, but I can't do so.

Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15653
Experience: Lawyer and legal specialist.
Allen M., Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help!
Expert:  Allen M., Esq. replied 1 year ago.
No problem. Take care.

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