Legal Question in Employment Law in Florida

At Will Employment In Florida and employee confidentiality

About 1 year ago I resigned from a company due to unethical business practice's by the company and went to another company. Recently the company that I left 1 year ago filed criminal charges against me regarding client information, I am pleading not guilty. However, the company that I left told my current employer of the criminal charges and I was fired by my current employer. Additionally, the company that I left 1 year ago also told many other people in my line of work so I am unable to get a job until this is resolved. My question is, was it legal for the company that I was with 1 year ago to call my current employer (out of the blue) and inform them of my arrest and was it legal for them to breach my privacy by allowing many other people and companies to know about this issue ? My current employer in Florida fired me under the at will provision in the state law, which is legal. What I don't understand is how can the employer that I resigned from tell people of my arrest before the case has even been adjudicated.


Asked on 12/04/07, 7:20 pm

2 Answers from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: At Will Employment In Florida and employee confidentiality

This depends upon what information was conveyed to the new employer and others. There is a possibility that the information was false and defamatory. If the information contained was true, there may be a defense to the defamation. There is also a form of defamation where the victim is maligned by being held in a "false light." You should certainly contact an attorney to discuss the potential claims.

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Answered on 12/05/07, 10:14 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: At Will Employment In Florida and employee confidentiality

You may have a claim for defamation if your criminal case turns out well. If you would like to discuss this in more detail, please feel free to contact my office.

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Answered on 12/05/07, 12:23 pm


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