Can an employer share details of a prior disciplinary action with a new supervisor or is it a privacy act violation?

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Can an employer share details of a prior disciplinary action with a new supervisor or is it a privacy act violation?

Asked on November 16, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is  no "privacy act" preventing an employer from sharing details of a prior disciplinary action with *anyone* it chooses to--especially with a new supervisor, who has a legitimate interest in knowing this information. It would only be illegal for the employer to do this if they had signed some contract or agreement with the employee in which they agreed to not share this information.


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