An employer gives out private information to an employee’s ex-husband. The private information included the employee’s address, phone number, and social security number. This employee has been divorced for over 10 years and has kept an unlisted phone number and address because she does not want contact with her ex-husband. Since gathering this information, the ex-husband has shown up unexpectedly at the employee’s home numerous times and continued to make harassing phone calls until the employee changed her phone number. Vandalism including graffiti and property damage to the employee’s home has also been linked back to the ex-husband. Due to the stress and anxiety involved in the situation, the employee has been unable to sleep. Her ability to focus has greatly diminished and the employee has lost a lot of weight because she is worried about further retaliation by her ex-husband. Based on these symptoms, the employee went to see a doctor and was diagnosed with an Anxiety Disorder and an ulcer. The employee is extremely upset that the employer provided information that she deemed confidential and is suing her employer.

Analyze this scenario in terms of negligence and liability. Include the following:

• What was the employer’s duty?
• Was there a breach of that duty?
• What damages or injuries occurred?
• Is there a proximate cause between the breach of duty and the damages or injuries?
• Is the employer liable for the damages in this scenario? If so, what types of liability damages would be appropriate in this case?
• How does the scenario relate to the elements of a negligent act (negative act, positive act, voluntary act, imputed act, vicarious liability)?