Home > Research Legal Advice > Privacy > Can an employer contact the media for coverage after a person retired (4...
Asked about 1 year ago - Scottsdale, AZ
Flag
The reason he was asked to retire after 23 years was a colorful type of recreation in his personal timed that was found out. None of which was against the law. They felt his recreation was unbecomming to his position. He did retire, then 4 months later they asked him for his badge, and in doing so they contacted the media and caused tremendous humiliation and probably hurt his chances to find another job. Again, what he did in his personal time was not against the law and the news coverage DID state that.
This is an awful thing to do to someone...Does he have any recourse?
If false information was published about him, he may have a defamation case against the publisher. If the employer simply repeated truthful matter, then there is no claim unless there was a legal obligation to hold confidential the material that was disclosed. That does not seem to fit the facts that you have summarized.
If details of his personal life became a matter of public knowledge and media attention, and that public attention and knowledge caused him professional losses, it is unlikely that a 3rd party can be held liable for that.
I'm going to go out on a limb here and guess that this was the police officer who started a porn site with his wife. This is a terribly embarrassing situation, but the officer could have been fired for this activity which has previously been upheld by the Ninth Circuit Court of Appeals. The employers behavior is childish and reprehensible, but unfortunately not unlawful.
If this isn't the porn case, my last sentence still applies.
Good luck...
David Kephart, Attorney
www.KephartLaw.com
If the employer discloses truthful information to the media, and if there is no contractual confidentiality obligation, then the employee would have no claim against the employer. Truth---even if it is embarrassing or harmful----is always a defense to a claim of defamation. The First Amendment protects truthful speech---even where the truth causes harm. This is a core foundational value in our legal system---necessary to assure that our liberties and freedoms remain protected, and that our legal system is fair and just. While the employer's actions seem unnecessary and reprehensible, the employee has no claim against the employer here.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary