Is it legal for a company you are applying to, to send your resume and cover letter to your current boss without your permission?

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Is it legal for a company you are applying to, to send your resume and cover letter to your current boss without your permission?

Asked on October 17, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, it is completely legal, unless there was some confidentiality or nondisclosure agreement in place between you and the prospective employer; or alternately, IF the prospective employer had, prior to you applying or sending the materials, promised that it would not be shared with your current employer, and the reason you sent the prospective employer your resume, etc., was because of that explicit promise. In these two cases, you may be due compensation for the breach of confidence. However, without one of the two above-described situations, a prospective employer is free to share your resume and cover letter with whomever it would like: current boss, other possible employers, the local news...anyone. This is what makes applying for a new job while still employed somewhat risky.


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