Boss had non-employee fire me & know personal information, is that legal?

[jnsdotcom]

I worked for one person. We had an issue, she addressed it, had me sign a piece of paper, we talked & she said we "would get over it". The next week she had someone who provides her with a service but is not an employee or even contract labor come into her home where I worked out of and after a chat we all had on a billing issue, this girl starts to demand I tell her what happened, the entire time my boss is quiet. As the girl keeps raising her voice I questioned why she was asking. All in all, she finally tells me "You no longer work here" and whips out a tape recorder she had hidden. I know my boss still has to pay me the wages she hasn't but my question is;

1. Was that other person entitled to know my private employment business?
2. How do I know either one of them is not telling other people?
3. How can a non employee fire someone?

Is this something I need to take thru the Fair wages Agency or an attorney? Any help is appreciated.

 

[jacksgal]

The firing was likely legal but the recording may not be. Consult an Attorney you might have a suit

 

[jnsdotcom]

First, thank you for responding so quickly. What has me bothered the most is this person I had met only once before, not only being so agressive with me but demanding answers to something that:
A. Wasn't any of her business.
B. Was a rather large woman who when she stood up sort of startled me.
C. Is in the same field of work I am, doesn't know the details of the original issue, and may be spreading lies about me.

So I'm not questioning if I could be terminated; however, the issue had been discussed between my boss & I and I was adhering to her wishes when she went along with this happening. They packed my stuff up and my boss is still in possession of things I bought for the office (labels, stamps, files, so on) and she hasn't paid/returned them to me.

So can your boss call in any joe bloe from off the street to fire someone? The words never came out of her mouth. We were very close also so I wasn't wanting to sue her, per se, even as upset and hurt as I am; moreso I want to know if my rights were violated by having this person there?
Thank you again,
(great site btw, very impressive)

 

[dee_dub]

I'm reminded of that Cheers episode where someone hired Norm to fire people for him.

Your rights weren't violated by being fired by someone other than your boss. She's entitled to have someone do her dirty work for her if she wants. I would wonder whether what transpired truly reflects your boss's wishes - you say you were very close, and it strikes me as odd that she would be quiet for the whole thing. You might try talking to her personally to see if you can mend the relationship.

 

[jnsdotcom]

I have tried and she is now avoiding me. Yes, I would work odd hours so she could go out and even house sat/dog sat (she has 6) for a week right before this. She is not good with confrontation, nor am i.

So this person that didn't work for her is able to fire me? Was she also entitled to hear private matters in regards to me and demand answers even though I told her she was not my boss nor even an employee of the company.
I don't want to become jaded about people. I worked for her for 8 months and supposedly was one of only two people she's ever trusted to feed her dogs and that it had been her first vacation she took in years where she didn't worry about her dogs because she knew I loved them very much. I just am hurt by her & confused, but angry about this other person playing gestapo/spy on me with her recorder. I don't lie so that didn't bother me that she tape recorded it, just the way she acted.
~frustrated & hurt & still owed money in Texas~

 

[cbg]

Was that other person entitled to know my private employment business? You have next to no right of privacy in the office. Your boss may share any information that is not protected by law, and this is not, with anyone he cares to.
How do I know either one of them is not telling other people? You don't. But as long as they stick to the truth, there's nothing illegal about their taking out a billboard on Rte 95.
How can a non employee fire someone? Because the employer gave her that authority. No law dictates who can and cannot take actions for an employer - it's entirely up to the employer who may do so.

 

[jacksgal]

I still fail to understand why OP is worried about outsider firing and not the likely illegal recording

 

[jnsdotcom]

Well the way the large woman snuck out the tape recording as if she was pulling something over on me was just the icing on the tape. I think I was more in shock my boss/friend was allowing this; especially after her and I had already discussed the issue. I believe tape recording w/o telling another person is against the law in Texas but have no idea.

And as far as her giving my personal information to someone who is not an employee, I just can't see where that is legal either. But if you say it is, I guess she can

 

[jacksgal]

Your best course is not looking for illegal actions in outsider firing but in the recording.

 

[cbg]

In Texas, as long as one party to the conversation is aware of the taping, it is legal.

http://www.rcfp.org/taping/

 

[jnsdotcom]

I do thank you all for your help. It was definately done in the wrong manner. I'm sure the girl that put it up there was aware of it, I wasn't.

I guess I need to know where to look to see that my personal, private business with my employer is okay to be conveyed to a third party who had nothing to do with it. It was an issue involving my health also. I know in references, they are very precise in what one can say and not say so how it can be okay for her to divulge this information to a stranger is beyond me.

Could I send a cease letter to both in regards to telling others? And consider it a lesson learned to never let someone you work for use you.

 

[cbg]

in references, they are very precise in what one can say and not say so

Actually, that is not so, though a frightening number of people believe it.

An employer may say anything that is true, that they have a reasonable and good faith belief is true, or that represents their honest and supportable opinion, in references. What you have heard, that they are limited to dates of employment, job title, salary and rehire status, is simply not true. Not in any state. Many companies voluntarily limit themselves to this information but it is NOT required by law.