Legal Question in Sexual Harassment in California

My husbands boss was coming on to him and it led to inapproiate mutual conversations between the two of them. The boss alledgedly promised him job security/promotion and he would often express to me "I am trying to secure my job". I reported this to the companies HR Director, the HR Director spoke with both of them and explained that I had notified her regarding the matter. I asked the HR Director, did she tell them that I provided her the information and she replied "Yes, I had to tell him where I got the information." My husband had stopped the behavior with the managerWe started getting calls from his job, while he was off work, I emailed the owner of the company/the HR Director regarding the matter. Another employee advised my husband that the company recieved an email and disclosed some of the details. My husbands manager advised another employee that he was "fired" and he was terminated due to "lack of productivity". Is there any recourse for the confidental information not only being violated by the HR Director but by the manager for telling another employee what is going on with my husbands personnel file?


Asked on 3/16/10, 7:21 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If I understand you to say your husband was fired, then you have a potential case for wrongful termination in violation of the discrimination laws, and also possibly a privacy violation. If it is only the privacy issue and not a firing, then it was inappropriate disclosure, but not of 'personal or medical' info that would invoke the privacy laws sufficiently to justify a lawsuit. It is your husband's termination case, so if he wished to pursue it, feel free to contact me. I've been doing these cases of over 20 years.

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Answered on 3/21/10, 4:11 pm


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