Legal Question in Employment Law in Utah

Employer threatening lawsuit

My boss today, after I had requested a transfer, told me I should be fired for time theft, and then prosecuted for breaching confidentiality on my contract for looking at my employment file! Then when I told her that it was my file, she got really quiet, then said ''what about the e-mails?'', and I told her the e-mails I had read where e-mails that the manager in charge had told me to read, and she started going off how I should be grateful she doesn't call the police and have me arrested. The transfer went through, but is there any way she could win in a lawsuit? If so, what could I do to minimize the damage that she does to me?


Asked on 10/21/08, 2:55 am

1 Answer from Attorneys

Re: Employer threatening lawsuit

The way you've said she phrased what she said matters. "Theft," "prosecuted," and "arrested" are Criminal terms. Even if what you've described that you did were wrong, they are Civil matters and the police would refuse involvement.

I don't see anything in what you've said that would cause your employer to prevail in a lawsuit unless your employment contract says otherwise (your employment file may indeed be confidential, even though it's about you, but even if it were, that doesn't breach any standard confidentiality agreement that I've ever seen. The "time theft" matter is different: if you've not worked all the time you've claimed and been paid it could be grounds for terminating your employment for cause.

Good luck.

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Answered on 10/21/08, 10:25 pm


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