Is it illegal for an HR department to give out details aboutan employee’stermination to other employees?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it illegal for an HR department to give out details aboutan employee’stermination to other employees?

Asked on August 1, 2011 California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many employers (especially in California and due to a slew of lawsuits) will only advise others (like potential employers) of the time perod in which you were employed and your job duties. If you were fired, oftentimes, depending on the type of workplace, it may not indicate you were fired and if it does, it will not provide specific information. This is a different scenario than the one about which you ask. If someone is fired, the supervisor must inform the HR department, in terms of preparing the last paycheck, securing the computers and access to any confidential or proprietary information the employee may have had access to in the course and scope of his employment. If the person was fired for cause and there is proof, then really nothing precludes the employer from explaining to other employees but usually employers do not do this in case of possible litigation or issues during the unemployment compensation administrative hearings.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most instances human resources of a business are not allowed to give out details for as to the reasons about an employee's termination to third parties. Employees and former employees have a justifiable expectation of privacy as to their employment records and reasons why they quit a position or were terminated.

The proper protocol for when an employee quits a position with a company or is terminate is for the employer or the human resources department to issue a memorandum to all employees of the company stating something to the effect: "Effective (date) (name of former employee) will no longer working at (name of company). We wish him/her all the best as to his/her future employment."

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption