Is it legal for a manager of a company to tell all of his employees why I was fired from my job and show them my termination record on line?
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Is it legal for a manager of a company to tell all of his employees why I was fired from my job and show them my termination record on line?
I was terminated after I cut my finger at work and they said I had to go to hospital. I did not require stitches and had to drop. I did smoke pot on Christmas eve while I was on a weeks vacation. The finger cutting took place one month later. Their policy states Up to and including termination. My direct report, manager told part time employees and others why I was fired and pulled my termination report up on the screen to show them.
Asked on February 26, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While it is highly unusual, an employer is allowed to reveal the reason that an employee was terminated--the law does not make this confidential.
If there had been an actual confidentiality, non-disclosure, or non-disparagement agreement, such as is often part of a separation agreement, that would be different: in that event, the terms of the contract preventing disclosure of the reason for termination would be enforceable.
Also, if the employee lies about the reason--that is, makes an untrue factual statement about why you were terminated--that could constitute defamation and you might have a legal claim or cause of action. However, it is not defamation if what is said about you is either a true fact or an opinion; only untrue factual statements can be defamation.
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