Is it legal to inform a business that one of its employees did something inconsiderate outside the nature of business?

Question

A person made a non-recorded inflammatory comment to my now deceased mother, along the lines of telling her to shut up without saying those exact words. My mother was dying at the time. When she refused communicating with her, this same person sent a handwritten note scolding and berating my mother's choice of staying to herself. Even going as far as quoting the Bible to somehow legitimize her comments. 
 
This person is a high level executive for a large company. The phone call is hearsay I suppose since my mother is dead and cannot testify that my testimony of the conversation is valid. But the written document is available. I see people report of shady employee behavior to companies online but wondering if this is legal since all these cases are behavior outside the realm of a business relationship. Instead being more a moral/ethics situation.

Stephen Bilkis · Answer

I'm sorry to hear about the difficult situation you've been facing, especially during such a challenging time after your mother's passing. I hope the following information provides some clarity and guidance. 
 
Please note that this is general information based on the details you've provided and is not intended as legal advice. Legal outcomes can vary depending on specific circumstances and local laws. For personalized advice, it's important to consult with a qualified attorney who can consider all the nuances of your case. 
 
In New York, it is generally legal to inform a business about the conduct of one of its employees, even if that conduct occurred outside their professional duties. Companies often have codes of conduct or ethics policies that expect employees to uphold certain standards both inside and outside the workplace, especially those in high-level positions who represent the company publicly. 
 
However, there are important considerations to keep in mind: 
 
-Defamation Concerns: Defamation involves making a false statement presented as a fact that harms another person's reputation. To avoid potential defamation claims, ensure that any information you share is truthful and accurate. Since you have the handwritten note from the individual, you possess tangible evidence to support your claims. 
 
-Privacy Issues: Discussing someone's behavior typically does not violate privacy laws unless it involves disclosing private facts that are not of public concern. Reporting the individual's actions to their employer is generally permissible and does not infringe on their privacy rights. 
 
-Intent and Tone: When communicating with the company, present the information in a factual and objective manner. Avoid making exaggerated statements or unfounded allegations. Stick to the facts as you know them and provide any supporting documentation. 
 
-Potential Retaliation: While not a legal barrier, consider the possibility of retaliation. Although New York law offers protections against certain types of retaliation, it's important to be cautious, especially when dealing with a high-level executive. 
 
Next Steps: 
 
Document Everything: Keep copies of all correspondence, including the handwritten note and any other relevant communications. 
 
Consult an Attorney: Before proceeding, it may be beneficial to consult with a New York attorney who can provide legal advice tailored to your specific situation and help you navigate any potential legal risks. 
 
Conclusion 
 
Based on New York law, it is generally legal to inform a business about an employee's inappropriate conduct outside of work, especially when you have evidence to support your claims. By ensuring that your statements are truthful and presented factually, you can minimize potential legal risks such as defamation. Consulting with a legal professional can provide additional guidance and help protect your interests.

Q: Is it legal to inform a business that one of its employees did something inconsiderate outside the nature of business?