Can I be sued for forwarding a damaging email?
 

My organisation received an email from a sports club saying they fired their head coach because he failed a working-with-children background check. I forwarded the email to the head coach and asked "what's up with that?"

It turned out to be a technicality and he's suing the sporting club for damages based on the letter that I shared with him.

The manager of the sporting club (runs 20 clubs around the country, very big time guy in the sport) confronted me today saying that they'll be going after me for damages for sharing a confidential email.

Am I in trouble?

Did the email say it was confidential and for your eyes only? If not, I wouldn't worry about it. They'd also have to prove that you received the email, and that it was you that forwarded it.

They might be in trouble (possibly) for sharing information like that with you. But I believe that would be the extent of it.

They were the ones that were responsible for controlling the release of the information. Because you forwarded it to someone else doesn't put any liability on yourself.

If damages were to be assessed, it would be when the email was forwarded to you. Not when you forwarded it to him.

But don't quote me on this... I'm not an attorney.

forward the email to media and see what they say.

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ADG

How did you get it? Catch-all email?

Imho, best action is ignore misdirected email; don't even read it.

If one feels so compelled to deal with a misdirected email, bouncing it back to the sender only is the next best option, but is often far from ideal.

As for the lawsuit ... I doubt the damages would be much, but the club, in particular, could certainly try dragging you through the mud, especially if you are much involved in the adult business.

Another thing to consider is there's a slight, but real possibility the whole email misdirected thing / lawsuit threat is some sort of scheme to exhort money from you.

Ron

why you did that move?

Only if either:

1.) You have a signed non-disclosure contract with sports team who fired him.
2.) The information you forwarded is false, and the sports team can convince a judge that information harmed their organization.

If the information is true, and there's no non-disclosure between you and the sports team, then it's freedom of speech and no worries.

All in all, wouldn't worry about it. Obviously though, depends on the law of the land you live in. Best to consult a lawyer if you're actually worried about it. Personally, I'd just let the sports team dish out the lawyer fees, to find out its totally pointless in pursuing any damages from you.

It was addressed to someone in our organisation, he forwarded it to me. The letter is a PDF attachment with full letterhead, etc.

I sent it to the coach so that he could answer the charges. I know kids who were about to attend one of his camps. The coach has a rock solid case and will win damages from the club. I'm just worried that the club will take it out of my hide, as they've threatened.

I've tried to look up whether it's illegal to forward a letter, but the law seems to be ambiguous. It was not marked "confidential", but perhaps they can claim copyright over the letter.

I wouldn't worry about it even if it had one of those email disclaimers. They are not legally binding.

You bring up a good point here.
1) If he had a non-disclosure, the coach would already have known he got fired and therefor the nda doesn't apply in this case since the other party already had knowledge.
2) If the information is false, the coach can't sue, and therefor the organization has no losses to recover from him to begin with.

It doesn't sound like they have much of a case to be honest.

Since someone else already forwarded the letter to you, you are in the clear... don't worry about it.

Not legal advice:

I doubt it.
"I forwarded the email to the head coach and asked "what's up with that?""

You simply forwarded it to the person subject to the allegations requesting a clarification of the matter.

Before you call his bluff check the matter out with your own attorney licensed in your place of domicile — local laws will differ some ...

So it wasn't misdirected, but rather the intended recipient forwarded it to you. People forward email all the time - so no biggie there.

Not saying forwarding email from a legitimate recipient is always legally wise, because sometimes it's not. However, it's often far less serious than dealing with misdirected email, which is what I originally thought the issue was.

How is your organization associated with the coach?

If your organization interacts with the coach in some fashion, it would seem logical to bring up the matter with the coach, as you did, since it sounds like it deals with youth protection issues that, by state law and/or common industry practice, usually require immediate attention.

The coach is likely right to sue the club; stuff like this is why most employers will not reveal anything about current / past employees to others beyond saying the individual currently works there, or had worked there from such and such date.

In my view, it's likely the club is bluffing, so don't play into it ... just stay silent and be prepared to get an attorney involved if that matter continues to escalate.

With that said, irregardless of what the club does, your organization, if it's youth related (even if only a little) and the coach is currently (or in the recent past) involved with it, may need to get an attorney involved right away ...

How do you know for certain the coach's background check is clean?

Even if it is, just the question it's not could raise issues later if something is alleged to happen - they could claim your organization knew there was an issue, but didn't adequately address the matter, such as doing a follow-up background check and/or taking other actions, such as an in-depth youth protection policy review / additional staff training.

Ron

you can be sued for anything. They might not win, but unfortunately that doesn't stop them from trying. Then you get to decide if you want to risk the counter for legal fees.

You can be sued for almost anything. Having the case actually go to court before a judge and being found guilty is another matter. But the time, aggravation and expense are there.


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In the time it took me to post this the same advise was already given :)


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