Former Employer Violates Privacy

[rdc]

My question involves labor and employment law for the state of: Arkansas. I left a job 6 months ago and gave 2 weeks written notice to my employer and left on good terms. They mistakenly continued to pay me each pay period for about 4 months as if I was still employed. I called HR on 3 seperate occasions to report the oversight yet the extra paychecks kept coming (direct deposit). After 3 calls I gave up and started setting the extra money aside with the assumption that they'd catch it eventually and I'd return the funds at that time.

About a 6 weeks ago the direct deposits stopped and I figured I'd hear from them soon. To date, I haven't heard from my previous employer... however, I ran into some of my co-workers at that job and they asked me about the extra paychecks with the implication that I had deliberately defrauded the company by not reporting the extra paychecks. Their information could only have come from internal sources as I haven't discussed the situation with anyone else.

My question: What are my rights regarding privacy from my previous employer? As far as I can tell, I haven't been impacted financially or professionaly by this breach of privacy, however it bothers me that this information was leaked and that my character has been called into question. I'd like to sue for violation of privacy and defamation of character but other than wounded pride, I haven't really suffered a loss. Do I have any legal standing?

[eerelations]

No. This kind of information isn't protected. As far as defamation of character is concerned, it may be that the person telling people about the overpayment was not aware that you contacted HR about it - which means you won't win that case either.

[flyingron]

I'm not sure what "privacy" rights you think you have here. An employer certainly doesn't have to keep your alleged fraud quiet to anyone, let alone to their own employees.

[LawResearcherMissy]

My question: What are my rights regarding privacy from my previous employer? As far as I can tell, I haven't been impacted financially or professionaly by this breach of privacy, however it bothers me that this information was leaked and that my character has been called into question. I'd like to sue for violation of privacy and defamation of character but other than wounded pride, I haven't really suffered a loss. Do I have any legal standing?

You don't have any particular "right to privacy" other than the right to keep your personal information - home address, SSN, etc. - from being distributed willy-nilly.

As far as a defamation suit, as long as you have no quantifiable damages, there's nothing to sue for. Even if you did have quantifiable damages, do you have 3 years and upwards of $30K to bring forth such an action? These things aren't taken on contingency.

Contact your former HR department again. Make note of your previous calls - it would be helpful if you have dates, times, and the names of the people you spoke to - and ask again how they would like you to go about returning the money. Then do it and move on.