Question: Thomas started work at a local warehouse, and completed all the required paperwork his employer asked him to provide. The employer asked for a photo
Thomas started work at a local warehouse, and completed all the required paperwork his employer asked him to provide. The employer asked for a photo copy of his Social Security card, a photocopy of his driver's license, and a copy of void check for his checking account so he could get direct deposit of his paychecks. Thomas owed his dentist $2,500 for dental work, and ignored the dentist's numerous demands for payment. The dentist eventually got a judgment against Thomas.
On Thomas's first payday, he sat down and wrote checks for his rent, his car payment, his insurance, and his credit cards. All the checks bounced, and Thomas then found out the dentist had garnished his bank account for the $2,500 judgment; he was wiped out. Thomas discovered that his new employer had shared his personnel file with the attorney for the dentist, because the lawyer had threatened to get a subpoena. To make matters worse, when Thomas confronted his employer, he was fired. Thomas had a terrible time finding a new job, and one of his friends from his old job confided that the HR director at the old company that fired him was telling potential new employers that Thomas was a rabble rouser, and a deadbeat who didn't pay his bills.
Thomas decides to sue his former employer for invasion of his privacy rights. He remembers from his Employment Law class that he might recover under various claims::
Intrusion into Seclusion
Public Disclosure of Private Facts
Publication in a False Light
Defamation
What theory(s) could Thomas use to sue his employer? List and explain the elements required to prove a prima facie case, and explain whether Thomas's case fits the bill.
What theory(s) would NOT work for Thomas's claim against his former employer? Why not?
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