Is this against the law?

amles · May 2004

I had an employee who was arrested and then later released with the charges dropped. He was in jail for several days, but we had no idea how long he would be in. At first, we told his clients that he was sick and rescheduled them. After several days, we still were not sure what would happen to the employee, so we started telling his clients the truth, that he was in jail. He eventually quit and went elsewhere to work, but claims he has lost many clients over this issue. Was this an invasion of privacy? Was this defamation of character? Is it against the law to tell clients your employee has been arrested?

5560905 · May 2004

If you gave only accurate facts, it probably isn't illegal, but why would you place your company's integrity at risk but doing so. I would simply have stated that his clients were being temporarily reassigned until he returned from personal leave. No additional details would have been necessary. We would take care of the client and when (if) he returned we would deal with any other issues that would be relevant.

amwkim · May 2004

I would definately see this as an invasion of privacy. I don't think it is anyone's business why someone is "out" of the office. This goes back to guilty until proven innocent. Obviously, this is what happened.

marc · May 2004

We have a two day no call no show policy that treats this as a self-termination. We would not have shared that with his clients, we would have just quietly reassigned them. Now what the therapists say in their sessions about this is not known to me. It is my belief that they would keep the issue in confidence.

Don D · May 2004

But, to answer your question, it is never against the law to tell the truth. Others may question the judgement of your comment, but, I think certainly it is not against the law, which was your question. There is no "invasion of privacy" issue since incarceration is a matter of public record. It is not defamation because you told the truth. Think no more of it.

Whatever · May 2004

Whether someone is out sick, in jail,on vacation, we never explain to a customer why someone is absent. Was this defamation, I don't know. That is a legal question. However, his clients know that he was arrested. I gather they may not know that the charges were dropped. I think you need to consult with an attorney.

Crout · May 2004

It was a mistake because as the other posts indicated, there were far better ways to handle the situation. But was it illegal? No. His arrest was a matter of public record and as long as you told the truth about the situation you would prevail if sued. But as I said before, the smart thing is to try your best to never put your compnay in the position to be sued in the first place.

Tish · May 2004

We have a policy of 2 days NSNC and you are terminated. As far as telling the customer that your EE was in jail, as others have said - if you stayed with only facts not necessarily against the law, me personally I would have just told the customer he was unavailable - or no longer was with the company, upon termination.

Is this against the law?

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