Can Wife's Ex Use My Criminal Record To Get Her Fired?

[julbox3134]

What is the name of your state (only U.S. law)? Ohio
Unfortunately, I have felonies on my record (addiction related). My wife's ex-spouse is threatening to call his workplace to let them know she is married to a felon. She feels this will cause her to get fired.
I realize that if someone chooses to use this information against me, it is legal if he information they are spreading is factual, but is it legal to use my past against my wife?o

 

[quincy]

What is the name of your state (only U.S. law)? Ohio
Unfortunately, I have felonies on my record (addiction related). My wife's ex-spouse is threatening to call his workplace to let them know she is married to a felon. She feels this will cause her to get fired.
I realize that if someone chooses to use this information against me, it is legal if he information they are spreading is factual, but is it legal to use my past against my wife?o

Does your wife work in a job where her being married to a felon with a past (or present?) addiction problem could make a difference?

If not, it is unlikely she would be fired over anything her ex-spouse has to say about you, whether what is said is true or false. Her employer might address the issue with her but, if she is a good employee, her employer probably values her more than whatever her ex-spouse might have to say.

It would not be defamation to relay factual information to others (defamation is the communication of false statements), and arrest records are public records so it would not be an invasion of privacy. But it is definitely not nice that your wife's ex-spouse is threatening her in this manner.

 

[cbg]

If it helps, I've been in some manner of HR for 35+ years and with VERY few job-specific exceptions, if this information came to me I would not fire your wife; I would disregard the entire matter.

 

[commentator]

And if they did fire your wife for this reason, which is non work related, there is a very good likelihood she would be able to draw unemployment benefits after they did it. I have seen this tactic tried many times, and it very rarely works out at the person who did it thinks it will. If your wife isn't asking to be fired anyway by her performance otherwise, they'll very likely ignore this call if the ex ever makes it. So relax a bit. Don't spend any time with unnecessary talk to this ex so she can't make nasty threats anyhow.

 

[quincy]

julbox3134's concerns seem to center on the employment aspect of the ex-spouse's communication to the wife's employer, and I defer (generally, at any rate ) to the legal knowledge and experience of cbg and commentator when it comes to employment matters. I defer to their expertise here.

I wanted to add to my previous post, though, that how exactly the ex-spouse reveals the criminal history to the wife's employer and how the employer responds to the disclosure could make a difference in legal options available to the wife, should the ex-spouse follow through on his threats.

If, for example, the ex-spouse states or implies with his disclosure something false about the wife, then that could potentially support a defamation claim. And (although this might be unlikely when the wife's employment is "at will"?), a tortious interference claim could potentially be supportable. A tortious interference claim could hinge on whether the wife could show the ex-spouse used "improper methods" to disclose the criminal history. This would go to the (possibly malicious) intent or motive behind the publication. And this assumes all other elements necessary for a tortious interference action can be met - valid contract, ex knows of contract, ex interferes with contract without justification, pecuniary harm results.

I think that commentator's recommendation to limit or eliminate contact with the ex-spouse is smart.