Legal Question in Employment Law in California

Confidentiality

I was terminated from a company a week ago for something that would be embarrassing to me if my ex co-workers were to find out the reason for my firing! The question I have is: When a company terminates an employee is the reason to be kept confidential between the direct supervisor and the corporate office?? And if that information gets out to other managers and co-workers would the company then be breaking that confidentiality and therefore liable!??? Thanks!


Asked on 5/17/04, 3:38 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Confidentiality

While an employee's personnel information is considered confidential, employers may share the information with employees who have a need to know. The reasons may be varied and the law doesn't specify who or for what reasons. Most cases for violation of privacy involve providing confidential information to outside third parties, where the potential for harm is greater.

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Answered on 5/18/04, 6:52 pm
Terry A. Nelson Nelson & Lawless

Re: Confidentiality

Truth is not actionable. However, privacy rights enter into the mix. Unless they have a 'legitimate' reason to disclose, they should not. Contact me is you want to discuss having counsel 'convince' them not to do so, or to take action if they already have.

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Answered on 5/18/04, 8:57 pm


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