can an agency you work for in NYS legally share with someone within the agency that you are being investigated?

UPDATED: Oct 1, 2022

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can an agency you work for in NYS legally share with someone within the agency that you are being investigated?

There is an active investigation against an employee of an agency. A manager
forwarded an email to an administrative assistant requesting that she scan and
forward a file from the satellite office. However the email forwarded had
information about a co-worker that is being investigated by the agency as well as
the alleged charges. Is it possible to reply back to me at
thank you for your time

Asked on September 8, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal, though unwise and unprofessional. There are very good reasons why investigations are generally kept confidential (to avoid tainting or undercutting the investigation; to avoid harming someone who may be exonerated) but there is no specific requirement in emploment law that an employer keep the existence or details of the investigation secret or confidential, or preventing them from sharing it with others.

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 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.

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