Is it breach of confidentiality when a director allows another teacher to read an employees letter of complaint upon resignation?

When that teacher has nothing to do with the letter.

Asked on September 3, 2015 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no right of privacy in such a situation. While unprofessional, this behavior breaks no laws. Without the specific prohibition against such an action exits in company policy, a union agreement or an employment contract, it is legal. Additionaly, this action does not appear discrimintory or constitute an act of legally actionable retaliation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is certainly unprofessional, but it is not illegal the law does not protect letters of complaint from disclosure and, like any other letter, once you send or give it to someone, you lose control over it and that person may share it with anyone he or she chooses.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.