Is it breach of confidentiality when a director allows another teacher to read an employees letter of complaint upon resignation?
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Is it breach of confidentiality when a director allows another teacher to read an employees letter of complaint upon resignation?
When that teacher has nothing to do with the letter.
Asked on September 3, 2015 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no right of privacy in such a situation. While unprofessional, this behavior breaks no laws. Without the specific prohibition against such an action exits in company policy, a union agreement or an employment contract, it is legal. Additionaly, this action does not appear discrimintory or constitute an act of legally actionable retaliation.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is certainly unprofessional, but it is not illegal the law does not protect letters of complaint from disclosure and, like any other letter, once you send or give it to someone, you lose control over it and that person may share it with anyone he or she chooses.
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