What legal action can I take if I apply to a job and my resume gets posted online?

The man who I would have been replacing was sent my resume by the head of the business when I applied and then posted it online on a forum where he was trying to get a petition going for his reinstatement. I did not get the job and while they have taken my resume offline, I don’t know how long it was up. but there are still some very negative remarks online that are obviously about me they reference a previous job on my resume I feel like this may be why I was ruled out after the interview.

Asked on June 3, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Typically, there is no right to privacy regarding a resume, whether posting it online or otherwise. Therefore, unless a confidentiality agreement of some sort was violated, you have no actionable claim here. While unfortunate, it's the law.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no legal action you can take, unless this was a violation of a written agreement to keep the resume confidential. If there was such an agreement, you could sue for breach of contract; but if there was no such agreement, then there is no legal restriction on posting it online, and so there nothing legally was done wrong and there is no cause of action.


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