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Can my former employer give out personal information she found on me after I quit working there?

Colorado Springs, CO |

I worked for Northstar Bank for a couple of years and I ended up quitting to move to another state for my fiances job. When I left I was on great terms, I could go back any time, 8/16/2013 was my last day. On 8/28/2013 I was charged with a marijuana charge, it was blown up all big, the police station used Facebook and posted my picture on it with my charge, so my personal business was out there for everyone to see. I have since taken care of it and everything is okay now. However, I am trying to get a job out here in Colorado, but my former manager at Northstar Bank is telling my future employment about the trouble she saw I got in instead of talking about how great my work ethic was, she is sending pictures and all the information she can find about me being in trouble. Can she do that?

Attorney Answers 3


  1. Unfortunately, if her statements are true she can do that.

    You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  2. Mr. Harkess is definitely correct. It is not defamation of character or libel if the statements your former manager is making are true. Is it totally lacking in all sense of class and mean-spirited - definitely yes. However, that seems to be the way our society is moving. People go out of their way in order to try to put down others in order to make them feel better than themselves. Unfortunately, we are not practicing what we were supposedly taught by our grandparents and our teacher - if you don't have anything nice to say, simply don't say it.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  3. While it is completely unnecessary for her to do that, doing it does not make it illegal. Assuming you did have a good relationship with her, call her up and ask her to refrain from spreading unnecessary gossip and to stick to telling people how you worked when you worked there. If you have a written review supply that to the potential employer and they just skip the telephone call. If you had a written review but do no have a copy, obtain one. If the criminal really did work out okay, consider explaining that to her as well.

    No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.

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