Can questions i answered under an investigation after signing a confidentiality statement be used against me criminally.

UPDATED: Sep 30, 2022

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Can questions i answered under an investigation after signing a confidentiality statement be used against me criminally.

I lost my job as a correctional officer due to outside the workplace
criminal charges. I signed a confidentiality statement before
answering questions in an investigation. My employment was terminated,
and after being denied unemployment I appealed it. Then while on the
phone with the ALJ they furnished all of the ‘confidential’ questions
i answered and informed me that all of it could then be used against
me criminally so I then withdrew my appeal. Is that legal?

Asked on September 14, 2016 under Employment Labor Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the confidentiality statement only prevented or barred *you* from disclosing the information, then they can disclose the questions at will. If the confidentiality statement prohibited them from disclosing the questions and your answers and they violated that agreement, you probably cannot prevent an agency to which they were already furnished from using the questions/answers (since that agency did not sign the agreement, it would not be bound by it), but you can most likely sue the person or busienss which violated its confidentiality agreement, in order to recover monetary compensation and/or for a court order preventing them from disclosing the material to anyone else.

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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