Confidentiality

DAZI

I have recently started a new position where there are existing open unemployment claims. Of the claims, most of the terminations are for breach of confidentiality. Apparently, employee/employer meetings were held and the previous HR Manager told them it was confidential. In short, the employee discussed the meeting and was terminated. Correct me if I am wrong. Isn't this an infraction of the NLRA. My thinking that the buden of confidentiality is held in the employer not employee. Doesn't the employee have the right to discuss any grievances desired with other employees?

pecohr

I think more info is needed...
if they were discussing pay then they have a protected right to discuss that subject with fellow ee's. This would not be the case if the employee was say a HR staff member disclosing medical information. (only and example I know that none of my fellow HR peeps would even consider doing that).

Stuart

Don D

I agree. It is also appropriate to fire an individual who, against your admonition, leaves a sexual harassment investigation and tells all. I understand that there are some instances whereby an employer might be on thin ice for terminating someone who violated your message to keep it confidential. But, it has many times been upheld. Termination for 'failure to cooperate in ongoing company investigation' is a result of violation of a published policy as a disciplinary offense and either zipping a lip or running a mouth has, both failure to cooperate, resulted in termination. All said, I would not let unemployment claims affect my decision to fire somebody. Your experience rating is not that 'numbers sensitive'. But, you are right to be skiddish of what you cannot, under the NLRA, tell employees they cannot discuss. I suggest a brief conversation with your labor attorney to cover these few bases. Ask him to not start the meter on you; but to send you an article or NLRA publication he has at his fingertips that will get you up to speed. Good luck.