Legal Question in Employment Law in California

Hello I recently left a temp to hire job in New Jersey for a job in California. I am currently driving across the country got a call from my future boss today informing me that my temp to hire job called them and said I am a horrible worker and that they shouldn't hire me that I do not do my work. They went through my personal gmail account and found the contact information for my new job they apparently emailed called both the HR lady and my future boss. My gmail was on my work computer but they had to log in and then search through my gmail account to find out that I got a new job and that I was not actually sick this week. I was wondering if I have a case to sue them for defamation of character and invasion of privacy?


Asked on 3/29/12, 3:20 pm

2 Answers from Attorneys

You have no invasion of privacy case. There is no privacy right involved in workplace computers. Anything you leave accessible on an employer's computer is open to the employer. If what they told the new employer is untrue, and costs your your new job, however, you would have a case for defamation. If what they said was true, however, then they have a complete defense.

Read more
Answered on 3/30/12, 10:18 am
Terry A. Nelson Nelson & Lawless

Invasion of privacy? No way. That is their computer, and everything on it is theirs to look at.

As to them contacting your new employer, IF you can prove they initiated contact, and IF you can prove they made a material statement of FACT that was known to be false and known to be harmful to your reputation and employability, then you would have grounds to complain. What you described is their 'opinion' of you, which is not a 'fact'. Had they said you 'stole money' when not true, it would be actionable.

Read more
Answered on 3/30/12, 12:26 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California