Revealing an individual (s) name in an investigation.

Juneau · October 2001

Is there a law against revealing an individual(s) name(s) in the event of an allegation or is it just unprofessional?

Thomas Daniel AK · October 2001

No. In fact, in most investigations, it is not possible to thorughly investigate the allegation witout revealing the name of the person who has complained. And even if the person's name is not revealed, the empployees' who are interviewed often can figure out who made the complaint just based on the nature of the investigation.

Theresa Gegen TX · October 2001

The issue about revealing the individual's name is defamation:

First, are you defaming the individual. To avoid a claim of defamation, the allegations should only be revealed to thoses with a need to know (for example, witnesses, and the supervisor). However, not all witnesses need to hear all allegations. For example, if an employee claims that she was touched in an unwanted manner and says that there were no witnesses to that act, there would be no reason to tell that allegation to a witness. The company should caution everyone involved in the investigation to keep the information confidential.

Companies have been sued and been forced to pay large verdicts for revealing these types of allegations to people who did not have a need to know.

Good Luck!!

Theresa Gegen
Editor -- Texas Employment Law Letter

Gar · October 2001

[font size="1" color="#FF0000"]LAST EDITED ON 10-26-01 AT 07:23AM (CST)[/font][p]Your question isn't quite clear. Under what circumstances do you have in mind?

WOCO Frank · October 2001

I'm currently dealing with a situation that also falls into this category. An employee has alleged "hostile environment" sexual harassment by her manager. It involved two occasions in which he (the manager) referred to dirty jokes she (the employee) had told to other employees. (I know, I know... it's already sounding iffy.)

The problem is, she doesn't want him to know that she complained to me, and she is demanding that he be formally warned and/or suspended. I'm leaving in a few minutes to meet with her about this issue.

Pray for me.

Revealing an individual (s) name in an investigation.

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