Confidential interview not really confidential

[smitty2008]

What is the name of your state (only U.S. law)? WV

A year ago I was asked to be a personal reference to someone's husband. Unfortunately, this woman had, over the course of the previous few years, unloaded all of her dirty laundry on me (as well as that of every other person she knew). When the private investigator came to interview me, I tried to be ethical and only answer those questions which he insistantly grilled me on (finances) AFTER I was assured that my responses were kept confidential!

Lo and behold, this woman and her husband obtained a copy of my interview and are quite miffed at me. Of course, I only mentioned bounced checks, loan holders, and the like (information that the interviewer already knew about).

My issue: this woman is now discussing me behind my back (no, I have no proof, but our mutual friends are now avoiding me like the plague), and most recently send a pithy note about me needing to "watch my mouth" and the like.

Obviously, I can't control what she does nor can I run around trying to do personal PR damage, but do I have any options as far as slander or a confidentiality breech?

Thanks in advance.

 

[quincy]

There is never a guarantee that a recipient of confidential information will not at some point disclose it. With signed contracts, there is generally legal recourse when a breach of confidentiality occurs. In your situation, however, absent any written agreement between you and the investigator, the breach of confidentiality is more of an ethics violation than a legal one. It is a broken promise, but no law was broken.

And you really have no defamation action possible at this point, if you do not know what is being said about you (if anything) or who is saying it (if anyone is, in fact, saying anything about you at all).

This will obviously not help you now but, in the future, if you are asked to be a reference for someone and you know that what you would be disclosing could be negative, refuse to be a reference.

 

[smitty2008]

thanks

At least you didn't label me a schmuck or the like...yes, I've learned to be very selective in my references (AND choice of friends )

 

[quincy]

Ha. Sometimes lessons learned the hard way are the lessons learned the best.