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legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 9970
Experience:  Just Answer consultant at Self employed
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Does your employer have the right to ascertain your offer

Customer Question

Does your employer have the right to ascertain your offer letter from your new employee.
Submitted: 1 year ago.
Category: Employment Law
Expert:  legalgems replied 1 year ago.

I'm sorry- the current employer is demanding to see an offer letter of an employee received by an outside company?

Customer: replied 1 year ago.
My current employer a federal agency requested and obtained my offer letter from another federal agency which offer me a new position. Today my current employer sent me my offer letter via email. My current employer is trying to separate me from my current job based upon the offer letter. Do my current employer have the right to obtain my offer letter from my new agency? Is this a violation of privacy.
Expert:  legalgems replied 1 year ago.

There is no statute that governs that; but the court may determine that obtaining, without permission, an offer letter is an invasion of privacy. Basically a person has a reasonable expectation of privacy regarding communication between a prospective employer and the individual. If this information is released without permission, it can be considered a violation because the offer letter contains information most individuals would consider private (ie salary).

Damages for an invasion of privacy suit includes economic damages suffered by the individual that are proximately caused and reasonably foreseeable as a result of the invasion. The court may award punitive damages but generally only do so if the party acts with ill intent (malice).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care

Customer: replied 1 year ago.
the letter contained my salary and other information. As a federal employee what rights do I have regarding this matter and what should I do
Expert:  legalgems replied 1 year ago.

Unfortunately we can't give legal advice or advise a particular course of action.

To pursue an invasion of privacy claim one would need to file suit in court; when suing a federal organization they need to first be given notice. It would be prudent to contact an employment law attorney to assist with drafting the complaint, as this is not a form-it is a custom drafted legal document that will cite case law to help support one's case.

Customer: replied 1 year ago.
It was my understanding that the attorneys were employment lawyers. Please advise of your area of expertise/profession.
Expert:  legalgems replied 1 year ago.

Yes, this is the employment forum; but to file suit you will need a personal attorney to help prepare the documentation.

Customer: replied 1 year ago.
ok
Expert:  legalgems replied 1 year ago.

Did you have further questions on the above?

Expert:  legalgems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!