Discharged for Sexual Harassment

[dwlh2003]

What is the name of your state?
Illinois

My cousin was discharged from his previous employer for sexual harassment. There were no reports filed with the state, the employee didn't want to file anything. She just didn't appreciate him flirting with her. The employer has a no tolerance rule in effect so he was immediately discharged.

He has applied with another company and was given an interview. They called my cousin back after they phoned his previous employer and asked him if he had anything he needed to tell them. My question is...can the previous employer give this information out? We thought that there were certain privacy rules. Or, is he going to be scarred for life after this incident?
Thanks

 

[hexeliebe]

The employer has a no tolerance rule in effect so he was immediately discharged.

Which is the employers right and duty.

My question is...can the previous employer give this information out?

Of course he can. If a statement is truthful then no legal action can be taken against the employer.

We thought that there were certain privacy rules.

You thought wrong, at least in this instance.

is he going to be scarred for life after this incident?

No, but he's going to have to deal with it and tell the truth instead of hiding it. If he is honest and tells prospective employers that he made a mistake in thinking the flirting was innocent but was given no opportunity to correct his behavior there will be employers who will give him a chance.

BUT, tell him to keep work at work and play outside the office. Otherwise he'll go through this again.

 

[Beth3]

It's also possible that your cousin hasn't told his family the whole story. If employers fired employees for a little innocent flirting, they'd probably have to terminate 75% of the workforce. It's quite possible, perhaps likely, your cousin's behavior amounted to considerably more than just flirting.