Can an employer post an employee written warning in a public space?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer post an employee written warning in a public space?
I was terminated for refusing to sign a written warning. I recently discovered that the employer has posted my written warning at each location where all employees can see the written warning
Asked on December 7, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, so long as their was no non-disclosure, confidentiality, or non-disparagement agreement (such as might be contained in a separation agreement) and no clause or term in an employment (or union) contract barring this, then as a general matter they would seem to be able to do it. That does not mean, however, that under the specific facts they might be be acting improperly; for example:
1) No release of protected private information, such as anything health related, certain identifiers (like a social security number), etc.
2) If the information in the document they've posted makes a factual assertion which is not true, they may have committed defamation about you, and you may be entitled to sue them for that.
3) If they are treating you differently than other employees (e.g. haven't done this to other employees who refused to sign such a warning), and that differential treatment is based on discrimination againt your race, religion, age over 40, disability, sex, etc., that may be illegal discrimination.
4) If they are treating you this way as retaliation for having complained about legal or safety violations, or having brought a complaint against discrimination or for overtime, or having filed for Worker's Compensation or FMLA leave, that may be improper.
So, generally, it may be possible to release information about what an employee has done to merit discipline or termination, but there are many circumstances under which doing so is improper.
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.