I was formerly employed(1995-96) in Ohio by a corporation for
approximately 16 months. I was "Let Go" by the employer(Reason
unknown), and was able to collect unemployment. Recently, a friend of
mine was interviewing for a position with this same company and just
happened to be interviewed by my former manager. During the interview
my name surfaced somehow and the manager made the statement to my
friend that she "had to let me go from the company". Are there
confidentiality laws(Federal,State of Ohio) that prohibit former
employers from revealing this information to the public. If so, can I
take any kind of legal action against this manager/company?

Hello--

I am familiar with Ohio law, have researched your question, and have
your answer.

The law you're thinking of is the Ohio Revised Code Section 4113.71.
This Ohio law states that if a former employer tells a prospective
employer something that is untrue and the former employer knows it's
untrue and purposely tells the prospective employer the lies in order
to hurt you, that a civil court judge can award you punitive damages
and court costs.

The law states that if what your former employer tells a prospective
employer is true, your former employer may tell a prospective employer
the information.

There is no law--state, federal, or otherwise--that dictates what a
former employer can and cannot tell people who are not prospective
employers.

If a former employer tells someone else who works at your former
business lies about you. And that employee then shares the lies about
you with a prospective employer, a good attorney could argue that this
action is illegal and that it falls under this provision of the ORC.

The ORC section states the following:

"§ 4113.71 Employer immunity as to job performance information
disclosures.
Text of Statute

(A) As used in this section:

(1) "Employee" means an individual currently or formerly employed by
an employer.

(2) "Employer" means the state, any political subdivision of the
state, any person employing one or more individuals in this state, and
any person directly or indirectly acting in the interest of the state,
political subdivision, or such person.
(3) "Political subdivision" and "state" have the same meanings as in
section 2744.01 of the Revised Code.

(B) An employer who is requested by an employee or a prospective
employer of an employee to disclose to a prospective employer of that
employee information pertaining to the job performance of that
employee for the employer and who discloses the requested information
to the prospective employer is not liable in damages in a civil action
to that employee, the prospective employer, or any other person for
any harm sustained as a proximate result of making the disclosure or
of any information disclosed, unless the plaintiff in a civil action
establishes, either or both of the following:

(1) By a preponderance of the evidence that the employer disclosed
particular information with the knowledge that it was false, with the
deliberate intent to mislead the prospective employer or another
person, in bad faith, or with malicious purpose;
(2) By a preponderance of the evidence that the disclosure of
particular information by the employer constitutes an unlawful
discriminatory practice described in section 4112.02, 4112.021
[4112.02.1], or 4112.022 [4112.02.2] of the Revised Code.

(C) If the court finds that the verdict of the jury was in favor of
the defendant, the court shall determine whether the lawsuit brought
under division (B) of this section constituted frivolous conduct as
defined in division (A) of section 2323.51 of the Revised Code. If the
court finds by a preponderance of the evidence that the lawsuit
constituted frivolous conduct, it may order the plaintiff to pay
reasonable attorney's fees and court costs of the defendant.
(D)(1) This section does not create a new cause of action or
substantive legal right against an employer.

(2) This section does not affect any immunities from civil liability
or defenses established by another section of the Revised Code or
available at common law to which an employer may be entitled under
circumstances not covered by this section.
HISTORY: 146 v H 44. Eff 7-3-96."

You may read this provision of the Ohio Revised Code online. The link
is http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2041&GRDescription3=&TextField=%3CJD%3A%224113%22%3ECHAPTER%204113%3A%20MISCELLANEOUS%20LABOR%20PROVISIONS&GRStructure1=4113&GRStructure2=

The Ohio Revised Code in its entirety is located online. The link is
http://onlinedocs.andersonpublishing.com

With that said, I can also tell you that most companies have rules
prohibiting managers from releasing any negative information about
current and past employees. You may want to check with your former
employer's human resources department or manager to ask about what the
rules are at your company. If you believe your manager violated a
company rule, you have every right to report the manager to his
supervisor.

If you believe a breach of these confidentiality rules has occurred by
your previous employer, you should contact an attorney. Many attorneys
will give you a free initial consultation and will be able to tell you
whether you have a case.

It is important to point out that I am not an attorney. I cannot give
you legal advice. I am simply a researcher. To conduct this research,
I searched the following terms: "Ohio Revised Code," "employee
confidentiality" Ohio

I hope this helps! If you need any clarification, please don't
hesitate to ask!

darrel-ga

Exactly what I was searching for - Thank you!