What can I do regarding a breach of confidentiality or slander by a former co-worker?

I filled out an application to be re-hired with a company. An employee who I previously worked with still works for company at the front desk; she must have seen my application. I’m not sure but 3 days later she told a co-worker to

Asked on March 4, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If what she said was factually untrue, as you indicate, then she did commit defamation. But it must be *factually* untrue. So if you were involved in an accident where 2 people died, that is not untrue, so it's not defamation. If you hid your car, even briefly, after the fact, that would not be untrue, either, and would also not be defamation. You need an actual factual misrepresentation made to others in order to be able to take action against (that is, sue) this person. There is no breach of confidentiality unless she signed an agreement to keep this confidential.


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