If my boss has shared details of a pending criminal action against me with my co-workers, is there any recourse for the damage caused?
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If my boss has shared details of a pending criminal action against me with my co-workers, is there any recourse for the damage caused?
I was charged with a crime, and because of the nature of the crime I informed my employer of the issue asking her to keep it in confidence.I was placed on leave, and now the company has allowed me to return to work. While I was gone my boss shared details of the charges against me with other staff members that have no business knowing, and would not have ever known had he not told them him self. This has made it very difficult to work with many of the people involved, and I still have not been convicted of a crime. Is there anything I can do?
Asked on August 15, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
IF your employer agreed to keep what you were about to tell him--i.e. about the criminal charge--confidential before you told him, then you may be able to sue him, if you wanted, for breach of that agreement. However, he must have agreed before you told him. If you told him first then asked him to keep it confidential, you would have no recourse; once you tell somebody something, you cannot retroactively require confidentiality.
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