Can questions i answered under an investigation after signing a confidentiality statement be used against me criminally.

I lost my job as a correctional officer due to outside the workplace
criminal charges. I signed a confidentiality statement before
answering questions in an investigation. My employment was terminated,
and after being denied unemployment I appealed it. Then while on the
phone with the ALJ they furnished all of the ‘confidential’ questions
i answered and informed me that all of it could then be used against
me criminally so I then withdrew my appeal. Is that legal?

Asked on September 14, 2016 under Employment Labor Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the confidentiality statement only prevented or barred *you* from disclosing the information, then they can disclose the questions at will. If the confidentiality statement prohibited them from disclosing the questions and your answers and they violated that agreement, you probably cannot prevent an agency to which they were already furnished from using the questions/answers (since that agency did not sign the agreement, it would not be bound by it), but you can most likely sue the person or busienss which violated its confidentiality agreement, in order to recover monetary compensation and/or for a court order preventing them from disclosing the material to anyone else.


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