Can I contact my old business partner’s current employer to tell them she has been currently charged with 3 class B felonies for theft and to be careful?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I contact my old business partner’s current employer to tell them she has been currently charged with 3 class B felonies for theft and to be careful?
Asked on December 5, 2012 under Criminal Law, Missouri
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Technically, truth is a defense to a defamation suit, so if the information is true, you can tell anyone, including her current employer about the pending charges. Be care at this point to make it clear that the charges are pending.
Even though you can call the current employer, be mindful that you may be causing more problems for yourself than the phone call is worth. First, if the current employer misunderstands what you said-- such that the way they received the information is not correct, your old business partner may decide to file a suit against you for defamation. You could defend the suit, but only after the headache and financial stress of hiring an attorney. If the current employer decides to terminate her and she had an employment contract, then she could also file a suit for interference in the contractual relationship.
It sounds like you want to be helpful to the new employer, but it really is up to the employer to conduct a proper background check to avoid issues. There is a saying that "no good deed goes unpunished." Trying to help this new employer could create serious liability issues for you. So really think hard about how and if you are going to tell the new employer about her history.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.