Employment Law

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I was placed on 30 day performance review. Management told…

Customer Question
I was placed on...

I was placed on 30 day performance review. Management told me that this was a confidential matter and no one else would know about the PR. a prospective employer called my current job and spoke to a company supervisor about me without my consent. Later, a co worker came to me and said they overheard a conversation amongst other employees that I was on probation and that an outside company called one of the supervisors (not in my department) who has told other employees who had no need to know that I was on probation. I believe that my rights to confidentiality have been violated, coworkers are gossiping about me and the environment is stressful and hostile. I believe my ability to find another job has been harmed as a result. I went to HR and they said its unfortunate that confidentiality was leaked, but its my fault for being on a performance improvement plan.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Loos Angeles California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe I,ve been treated differently

Submitted: 3 months ago.Category: Employment Law
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Answered in 5 minutes by:
1/9/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,882
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I know it's not what you want to hear, but there is actually no legally enforceable privacy right when it comes to one's employment status. So, while these leaks are unfortunately and unprofessional, they would not typically give rise to any legal claims. The only circumstance in which you'd have any legal recourse against your employer would be if you could prove that your employer made false factual statements about you to a prospective employer causing you to lose a job opportunity. In that case, you would have a claim for defamation. Otherwise, however, and these leaks may have been unprofessional and a breach of trust but they would not typically be actionable under any legal theory.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further....

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Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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Customer reply replied 3 months ago
Just seems wrong since we always trained our managers not to comment on employment questions and to direct such questions to Hr. The prospective employer contacted current employer without verbal or written consent. Chances are that the hiring company is no longer interested. You say there is no recourse.
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

I agree on a personal level that it is wrong. However, what is wrong does not always translate to being illegal, and here that is the case I am very sorry to say. I truly wish I could provide better news but of course I must be honest in answering your question. Lying to you for the sake of providing good news would be incredibly patronizing to you, and of course counterproductive.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 3 months ago
Thanks
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

You are very welcome. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.
Very best wishes.

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Category: Employment Law
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Experience: Significant experience in all areas of employment law.

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