is that legal?

[msmith82]

I was employed at a company in NC. They were HQ'd in TX. 2 wks ago i was terminated. the reason for their termination was "I was not happy at work". this is wrong of course. I called back an hour later while i was filing my umemployment claim to verify their reason for termination and ask for that reason in writing. they informed me that they dont give that information in writing and they stood by their decisions in which i verified what they said. again, i was told my termination was due to my being unhappy.
It is my opinion that my termination was due to a e-mail i sent to the corporate offices in regards to how things were being handled at the NC office. There is an unwritten company rule that says dont ever attempt to contact upper management or there will be consequences. I understood that, but sent the e-mail anyway. it was in no way defamatory or mean and hateful, on the contrary it was merely suggestions that could assist the company greater. (I have the e-mail copy).
That being said, the reason i am asking advice is that someone i know, who no longer work for the same company, called the HQ for a total unrelated reason, inquired as to how i was doing and was then told that i was fired for violating the D.O.T. hours of service. That is no one business but mine and the companies, correct? wasn't the company in violation of my confidentiality and privacy. that could potentially be damaging if that information got tossed around to potential employers, couldn't it?

 

[The Occultist]

Barring a contract that they signed indicating otherwise, no, there is nothing keeping them from telling others (which can certainly include any potential future employers of yours) the reason for your termination. And since you posted your question under the Defamation topic, I feel compelled to inform you that for something to be defamatory, it must be false.

 

[msmith82]

i see

im not understanding how someone, who is not considering me for a job can be told something about me that is false. i was told i was being terminated for "not liking my job" the person inquiring about me was told that i was fired for a totally unrelated reason, of which I have never been told.
wouldnt you consider that defamation? what if it got to a perspective employer that i was fired for a totally other reason because of false information? i may lose out on a good job. isnt that defamation?

 

[cbg]

If it is the opinion of the person being asked that you were unhappy at your job, then they are entitled to state that opinion, even if they are mistaken.

When you actually are fired from or not hired for a job provably and solely because of a false reason given by someone whom you can prove KNEW the reason was false, it will be time enough then to talk about defamation. You can't sue for something that hasn't happened yet. Additionally, for a successful defamation claim regarding a job reference you need roughly $100,000, at least three years, and verifiable proof that the person you are suing KNEW that what they said was false and not a difference of opinion from you.

 

[msmith82]

thank you

thank you for the info. i guess im really just bitter about the whole situation because of the fact that i really did like my job. i know that nc is a right-to-work state and that an employer can terminate you for any reason. im not disputing that. i was just thinking that when they gave that personal information about me to someone not even performing any type of business with the company, it was in violation of my rights of some type. i will find another job, i just want them to know that what they do is wrong. not just to me but to a lot of others also.

 

[commentator]

When you are filing for your unemployment, them saying you were terminated because you were "not happy at work" is a wonderful way to sort of make it easy for you to be approved to draw benefits. Because they would have to show that you had been fired for a valid misconduct reason in order to keep you from receiving unemployment benefits. Being unhappy on your job is definintly not misconduct, unless it caused you to take a gun to work and shoot people or something.

What they said about you is really not too bad. This person was fired because it appeared to us he/she was perpetually discontented, complained about the job to higher ups, and we decided we wanted them gone. That's all they have to say in an at will state like you're in. Nothing illegal, nothing slanderous here. When you get your decision on your unemployment claim, if the claim is denied because they say you "violated the DOT hours of service" or something else, then you will appeal and make them show what proof they have that you did this in the unemployment hearing, ask them why they did not tell you this reason, why you were given no warnings or write ups for this.

 

[cbg]

i was just thinking that when they gave that personal information about me to someone not even performing any type of business with the company, it was in violation of my rights of some type.

Except that it wasn't.