Unsatisfactory Reference and Invasion of Privacy

[Roderick]

What is the name of your state? New York

Sometime ago, I applied for a job through an internet recruitment agency. Foolishly, I allowed the agency to leave a "cookie" on my computer which was used to monitor my internet browsing and track internet sites that I visited. In planting the cookie, the agent made statements that they would treat information collected confidentially and it would not be passed onto a third party. Even more foolishly, I visited some adult sites - none were illegal- which the recruiter used to disqualify me for the jobs I was seeking. Years later, details of my browsing history were passed onto a former director of the recruiter. I had worked for this person unaware that he was previously associated with the same recruitment firm. Last week, this person was asked to give his professional opinion regarding my work ( I had applied for a new job through another recruitment firm) I had previously enjoyed a productive working relationship with him', back then he had offered me additional work in our specialized field . To my dismay, he told the new recruiter that I was nor a suitable person because of the browsing history I've just talked about.

This all seems to me to be a gross invasion of privacy and possibly defamatory. I was the preferred candidate for this particular job -after the reference check my application was rejected

Does anyone have any thoughts on what legal action or legal remedy might be available to me?

 

[Just Blue]

What is the name of your state? New York

Sometime ago, I applied for a job through an internet recruitment agency. Foolishly, I allowed the agency to leave a "cookie" on my computer which was used to monitor my internet browsing and track internet sites that I visited. In planting the cookie, the agent made statements that they would treat information collected confidentially and it would not be passed onto a third party. Even more foolishly, I visited some adult sites - none were illegal- which the recruiter used to disqualify me for the jobs I was seeking. Years later, details of my browsing history were passed onto a former director of the recruiter. I had worked for this person unaware that he was previously associated with the same recruitment firm. Last week, this person was asked to give his professional opinion regarding my work ( I had applied for a new job through another recruitment firm) I had previously enjoyed a productive working relationship with him', back then he had offered me additional work in our specialized field . To my dismay, he told the new recruiter that I was nor a suitable person because of the browsing history I've just talked about.

This all seems to me to be a gross invasion of privacy and possibly defamatory. I was the preferred candidate for this particular job -after the reference check my application was rejected

Does anyone have any thoughts on what legal action or legal remedy might be available to me?

Legal remedy? All I see, based on your posting, is an employer that utilized info that you freely gave.

 

[cbg]

Based on the facts you have provided, I see no legal remedy available to you. You have far fewer privacy rights in the workplace than you evidently imagine, and there is absolutely nothing illegal in monitoring, or passing on, your browsing history to another employer.

Next time, don't visit adult sites, legal or illegal, on company time/computers.

 

[Roderick]

It wasn't using a company computer, on company time. I was using my own computer from my home to apply for a job advertised on the internet !!

 

[Roderick]

Legal remedy? All I see, based on your posting, is an employer that utilized info that you freely gave.

The internet recruitment site was not my employer . It was a recruitment site seeking applications to fill positions. The recruitment agent said that any information collected from me would not be passed on. Contrary to this statement , they have peddled my browsing information to others including my former employer !!

 

[Just Blue]

The internet recruitment site was not my employer . It was a recruitment site seeking applications to fill positions. The recruitment agent said that any information collected from me would not be passed on. Contrary to this statement , they have peddled my browsing information to others including my former employer !!

Consider this a lesson learned. Don't let the "cookie" in your computer and then view porn. They did nothing illegal.

 

[cbg]

Still not illegal.

 

[Dandy Don]

Unfortunately, most states law favor employers by giving them the ability to fire someone for any reason at all.

Since there is nothing IN WRITING that would prove what the recruitment agent said, and his comment was verbal, you would have no way to prove in court what he told you.

Internet/computer law is somewhat of a new field, so try to find an attorney who specializes in this in the New York area and submit your question to that attorney. There may be some relevant advice that could be offered to someone in your specific situation. The fact that they have peddled your browsing history to other parties may be problematic--perhaps you could find an attorney who would send the company a cease-and-desist letter to at least put them on notice.

Take steps immediately to clear all cookies out of your computer.

 

[PayrollHRGuy]

Unfortunately, most states law favor employers by giving them the ability to fire someone for any reason at all.

Wait a sec there Dandy Don. The same laws that allow an employer to terminate an employee without cause also allows employees to quit whenever they like. How would you like it if you were to be offered a new job at twice the salary and your current employer could say, "Nope, you can't quit."?

 

[Shadowbunny]

So you believe that this recruitment agency used tracking software to monitor your internet activity, then years later, shared this history with a potential employer. This sounds So. Very. Unlikely. I think the more likely explanation is that they chose not to work with you for a reason not related to your porn habits.