Employment Records

[Forthelittleones]

Hi,

DH and I were court ordered to have a forensic eval.  Today, the doctor handed me a termination letter from a previous employer.  He said he had no idea how she got it but that I needed to respond to it.

I thought that it was a private record.  Is it legal to give someones personel file to a third party in Texas?



Thanks

[socrateaser]

>Hi,
>
>DH and I were court ordered to have a forensic eval.  Today,
>the doctor handed me a termination letter from a previous
>employer.  He said he had no idea how she got it but that I
>needed to respond to it.
>
>I thought that it was a private record.  Is it legal to give
>someones personel file to a third party in Texas?

I'm not clear on the facts. When you say "you" do you mean that you are the new wife, the old wife, or the divorced husband?

[Forthelittleones]

I am the stepmother
DH is the bio father
She is the ex of bio father and is the person who got my employment records and a copy of my termination letter.

Let me know if this is not clear enough.

[socrateaser]

>I am the stepmother
>DH is the bio father
>She is the ex of bio father and is the person who got my
>employment records and a copy of my termination letter.
>
>Let me know if this is not clear enough.

I cannot imagine an employer who would provide the records of one of their employees to a complete stranger. I suggest that, either your husband gave her that letter, or, his ex-spouse was in your home, found the letter and made a copy of it.

It is not illegal for a "private" employer to provide such records. However, you may have a civil action for defamation of character, or false light attribution against both the employer and the ex-wife, but only if you suffer some ascertainable damages from the disclosure. Or, if your employment agreement contained some nondisclosure clause, then you could have a breach of contract action.

Also, if your husband provided the original letter to his ex, then his ex could attempt to obtain equitable contribution or indemnity from him, and if sucessful, you could find your ultimate recovery would be from -- your own husband!

There is also the criminal issues of trespass, burglary and theft, assuming that the ex came into your home and took the letter. This is certainly something that might be used against the other parent, i.e., the DA would be unlikely to prosecute because there's not a substantial injury, but it does potentially say something about the hostile and vindictive nature of the other parent, if she were proven to have obtained the letter from your home without your consent to enter the premises.

I don't know what the letter says, so I can't advise on how to accomplish any damage control.

[Forthelittleones]

Thanks DH did not give the records to her.  She is 1500 miles away from us and it is highly unlikely that she broke into our house..  

Can I email you the letter - I will be meeting iwth the custody evaluator on Monday and need to respond to him about the letter.  

[socrateaser]

>Can I email you the letter - I will be meeting iwth the
>custody evaluator on Monday and need to respond to him about
>the letter.  

[email protected]

[Forthelittleones]

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