Is it illegal for a supervisor to disclose information about a employee to another employer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal for a supervisor to disclose information about a employee to another employer?
Asked on December 6, 2012 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I assume you are referring to a situation wherein your former/current employer is contacting an prospective employer regarding employment for you. In such a s case, generally speaking, there is no legal recourse that can be taken against a former employer for a negative response to a prospective employer's inquiry. With respect to pre-employment inquiries and answers, the law provides a "qualified privilege". Therefore, employers (past/present) will be free to answer such questions honestly without fear of a lawsuit. Accordingly, a former employee can only sue for willful or reckless remarks that are totally and grossly untrue.
Further, even without the privilege certain statements are legally permissable. For example, statements of fact are not actionable. Therefore, if your past employer says that it would not re-hire you can't sue for defamation since that employer can prove that it's true. Additionally, statements of opinion aren't a basis for a lawsuit. Accordingly, if your past employer said, "X drinks to excess" that is a statement of fact that may be actionable. However, stating that, "I think X is the worst worker I've ever hd to supervise" is a statement of opinion that is not actionable.
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.