A reader writes:
Long story short, my ex-boss was my best friend for ten years but we couldn't work together. He fired me from the small delivery company we both worked at in May. In July, he sent a text message to my husband saying "If you want to divorce her, I can give you dates and times of the men." He got this phone number from my personnel file.
I emailed him and another boss and told him getting into my personnel file was illegal, especially 2 months after I was terminated. He has a hot temper. THEN two more calls to my husband's phone and three to our house. Can he legally do this?
This is a 15-person company with no HR. He does payroll and hiring through a company. Is there any legal recourse for his actions? I have documented proof from the cell phone and home phone company. Can he legally contact my husband at a phone number which was never given to him but he got out of my personnel file? Two months after I was fired?
I don't usually publish letters just to say "I don't know" but ... I don't know. My hunch is that he probably didn't violate any employment law, although he did violate the law of Don't Be an Enormous Ass. But I'm not a lawyer and it's entirely possible that there are legal ramifications here. It's also possible that he's violating harassment laws, or that you have an actionable invasion of privacy claim, totally separate from employment laws.
If you want to pursue this, I'd recommend speaking with a lawyer immediately.
Any lawyers want to weigh in?