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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default Employer Privacy Policies

    I apologize for the lengthy thread, but I truly believe I was wrongfully terminated because my boss was trying to cover up breaking their own privacy policy.

    I was just let go today by my employer. I have serious reason to believe I was dismissed due to an issue I had with the owner's wife, who handle's all of HR. She is the one who has employees fill out all documents that end up in our personnel file. One of which was a privacy policy stating that our personal information wouldn't be given out for any reason, etc ,etc.

    I work as a computer technician. The higher-ups and I have had many discussions about my personal cell phone number NOT being available for clients to call me. I even declined a phone "credit" so that my phone number would remain private and insisted that I be given a cell phone provided by them if they wanted me to be available to clients while not in the office.

    Last Thursday, I was on a job when I was called by one of our clients on my cell phone. The caller told me they had received my number from someone at the office. When I arrived back at the office, I sent out a mass email to the employees after unsuccessfully trying to find out who the culprit was. After the email was sent I immediately went to the owner's wife (who is in charge of HR), voicing my compliant. To my awkward surprise, she admitted to give out my cell phone number to a client w/o my permission. Her excuse was "Well, I didn't know how to reach you and they said it was important..."

    I could tell that she didn't feel comfortable around me and has said two words to me since Friday. I exchanged emails with my boss (the owner) about his wife giving out my number, explaining the same thing. I wasn't rude. In fact, I was speaking lightly about the matter with internal emails to prove it(which I can no longer get to). I then noticed the next day a craigslist listing for a job position at our work. The description was exactly the same as my job... I confronted the owner about this today, asking if I had anything I needed to be worried about. We talked and according to him my job was not in danger.

    Despite what he said, there were little signs throughout the day that let me know what was coming at the end of the day. I noticed the passwords to all the accounts we order products through had been changed. I was being asked by the owner's assistant for my client timesheets for billable time. I was asked, in detail, as to what I had planned to do at clients this week. So, at the end of the day, the owner pulls some excuses out of his hat; spins a few facts. Then flat out lied to my face about why he was firing me. Nothing mentioned was a justifiable reason to fire someone with my performance, relationships with clients, and general effectiveness in my position. It was painfully obvious there was another reason behind it.

    When he spoke to me, it was the first time I had ever heard his voice shake because he was so nervous. I was an employee of 6 months.

    Please let me know of I need to provide any more information. I requested my personnel file and should be able to give details about the actual policy tomorrow.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,262

    Default Re: Employer Privacy Policies

    A wrongful termination means that a specific law prohibits the employer from terming you for the reason they did. What law do you think was violated?

  3. #3
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Employer Privacy Policies

    Quote Quoting cbg
    View Post
    A wrongful termination means that a specific law prohibits the employer from terming you for the reason they did. What law do you think was violated?
    Well, being wrongfully terminated would be tough to prove in this situation. I was fired because I knew the head HR person broke the company's privacy policy and gave out my personal information to a client w/o my permission. So, if that's the case, let's step back and look just at the privacy policy that was broken.

    VIOLATING THE CONFIDENTIALITY OF PERSONNEL FILES

    Any agency official who wrongly divulges information from an employee's file or one who examines information in that file without authority is guilty of a criminal misdemeanor. G. S. 126-27 and 126-28 .

    This is the State of NC btw.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Employer Privacy Policies

    Quote Quoting p4l1ndr0m3
    View Post
    Well, being wrongfully terminated would be tough to prove in this situation. I was fired because I knew the head HR person broke the company's privacy policy and gave out my personal information to a client w/o my permission. So, if that's the case, let's step back and look just at the privacy policy that was broken.

    VIOLATING THE CONFIDENTIALITY OF PERSONNEL FILES

    Any agency official who wrongly divulges information from an employee's file or one who examines information in that file without authority is guilty of a criminal misdemeanor. G. S. 126-27 and 126-28 .

    This is the State of NC btw.

    NC does recognize a public policy exception to termination, however, you were only aware of a law being broken, you did not report it and get fired or refuse to break any law and get fired.

    You of course can consult a private attorney to make sure?? There may some underlying legal principle hiding? Employment case law is vast.

    If you have evidence the law was broken, file a complaint with the authorities. Be advised, if you do though, it is "possible" the employer may use it against you when a reference is called on from a potential employer?? Would not surprise me, even if illegal!

  5. #5
    Join Date
    Feb 2008
    Posts
    1,159

    Default Re: Employer Privacy Policies

    Quote Quoting p4l1ndr0m3
    View Post
    Well, being wrongfully terminated would be tough to prove in this situation. I was fired because I knew the head HR person broke the company's privacy policy and gave out my personal information to a client w/o my permission. So, if that's the case, let's step back and look just at the privacy policy that was broken.

    VIOLATING THE CONFIDENTIALITY OF PERSONNEL FILES

    Any agency official who wrongly divulges information from an employee's file or one who examines information in that file without authority is guilty of a criminal misdemeanor. G. S. 126-27 and 126-28 .

    This is the State of NC btw.
    Unless you work for the State of NC or are a school employee, this law is not applicable to you. I suspect you will be unable to find a law that applies to your situation. In absence of a law, you were not wrongfully terminated.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Employer Privacy Policies

    I agree. I see no wrongful termination here.

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