My husband was fired from his employer that he had worked for, for over eight years last October. It was an at will employment, then out of the blue he was let go, when he had done nothing wrong. He was considered part time, because he was attending college as well and had a second job on the weekends. He was never given a reason. His employer actually told him he was "put on hold" because work was not busy and he was part time, and when it picked up they would call him back. He called the boss several times during his "on hold" time and was told the same thing everytime of work being too slow, though the company was hiring other people during this time. My husband's supervisor from this job called a previous employee of the company, one my husband is friends with and talks to frequently, to offer him a job and when the previous employee asked about him calling my husband the supervisor told the friend that he had fired my husband because he "bragged about making more money at his second job." He never bragged, a couple employees asked what he made at his second job and he told them. I'm just curious if his supervisor can legally discuss his termination with non employees.
This is legal. It's unprofessional and inappropriate, but it is legal.
The only thing that would make this kind of talk illegal would be if the former employee was saying things that were both (1) factually untrue, and (2) the sort of things that would damage somebody's reputation in the community. For example, if he had falsely said that your husband was fired because he had stolen $500 from the company, that would be unlawful defamation.
In most circumstances, it is legal. If what is said is defamatory, it might constitute a tort. If it sets forth an illegal reason for the firing, e.g., union activity, complaining about wage and hours, retaliation, etc., it might be good evidence for a future lawsuit.
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