Q: My background was pulled and i was fired. An employee not with HR read and told me what was on it. Is it a Privacy Issue
I was terminated because of information on a background report. An employee told me i was under investigation for crimes and he informed me of what was on my background report. It isn't public record, i never knew about any allegations against me and had to find out from another employee about what he saw on my report. He invaded my privacy by repeating what was on the report because i never got to see it, but he did. I requested to see my background since it was deducted from my check after my termination. Still haven't seen it. Do i have a case regarding PRIVACY
A: To answer your question will require a bit of research on most attorneys parts. You need to actually go see one about this.
A: New Mexico does generally recognize the tort of "invasion of privacy," and in some situations, a "public" disclosure of private facts establishes such a violation. Federal and state law also place some limitations on what types and ages of criminal history a "credit bureau" may list on a credit report. New Mexico law requires the credit bureau to delete certain unverifiable information "as soon as practical." See NMSA 56-3-6(A). New Mexico law also restricts the manner in which a business, profession, or individual - including employers - may use information obtained from a credit bureau. Allowing access by an employee outside of HR may or may not violate these restrictions, depending on why the employee was given or obtained access. See NMSA 56-3-7. In some cases, New Mexico law provides remedies against persons who misuse the information, including actual damages, punitive damages, and attorney's fees. See id. In addition, certain authorities take the position that employment actions based on a history of arrests, versus convictions, may have a disparate impact - and thereby tend to prove discrimination against - minority classes. Whether and how these laws apply to your situation would depend on the details of your employment, background, and situation. This is a general discussion of laws, and it is not legal advice to you.
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