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Employment Application Privacy Violation

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dlwoodjr

Junior Member
What is the name of your state? TX

I am a manager for a big box retailer. I was approached by a company 6 months ago that I should come work for them. I was instructed to visit their website to submit an application. I did and was contacted by the Hiring Manager. After a short conversation, I told the individual I was not interested in their offer. There was no reason for them to contact my employer for a reference check or background check. I thought this was the end of it.

Recently, my employer came to me asking if I was planning on leaving because he was told I had gone looking for a job at the previous company that tried to recruit me. He told me to be honest with him because he would need to start looking for my replacement. I informed him of the circumstances and that I was not looking for other employment. I found out from a superior that the information was given to my current employer by an individual who works for the company who approached me, but is also a former employee where I am at that I personally had to let go due to his inability to work his scheduled shifts. Further more I have had another manager from another office contact me asking me if I was leaving the company.

My concern is about my privacy and the fact that it was violated and how this is going to impact my ability to continue to grow with my current employer when they feel I am looking to leave. Can a company or an employee of a company I have filled out an application for inform my current employer that I filled out an application? I have never met with the hiring manager of the company that asked me to come work for them. I have visited the company's website looking for information regarding their privacy policy and it explicitly indicates that they will not release any personal information about a person who visits their site to a 3rd party with out the consent of the visitor. Our companies are NOT affliated.

What, if any, action can I take against the individual who released this highly personal information to my current employer and what level of responsibility does the company he works for share for this violation? If legal action is appropriate, what type of legal specialization covers an issue such as this?

I really appreciate the help that any of you can provide. Thanks in advance.

Sincerely,
Don
 


You are dealing with a sticky situation -- I worked for a vendor for a big box retailer and I can tell you that during my 3 years of working for the company (the company I worked for merchandised POP displays and inventory levels for a major distributor chain) that managers were constantly pulling things similar to this it was very political and they always covered their own butts while the regular employees tried to plant landmines for them to step into so they could replace them. Everybody wants to be a manager and as such you need to be very careful about companies that talk to you and people that you discuss it with. It is hear say there is not much that you can do. Chaulk it up to experience but if you recieve calls from competitors asking you to jump ship you should be very suspect about that to begin with.... I can see how it would make you upset that a former employee of yours tried to bust you out to your bosses but that is what it is and I would explain the situtation to your bosses. They should understand and support you. You could have action if they were to fire you or if you applied for the job and the company contacted your employer after you said not to; but from what you said a former employee took it upon himself to discuss the situation (a employee that you fired) then that just makes them look bad. If you bosses see the light they will understand that another company recognized your talent and was making a move on your comapny's brightest star. That does not hurt you but it can only help.....
 

pattytx

Senior Member
There are no laws that prohibited your prospective employer from contacting your current employer, regardless of whether or not you requested them not to. You have no legal recourse.
 

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