DoI have a case against my employer in regards to disclosing whyI was terminated?

UPDATED: Sep 16, 2011

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DoI have a case against my employer in regards to disclosing whyI was terminated?

I was recently terminated by my employer for breach of the code of conduct. I was involved in a investigation in which I was found negligent because I held a management position. During this investigation I signed a form stating that I would not discuss this investigation and that parties involved signed the same literature. In the last 2 has days I was questioned about my leaving from 1 current employee and ex-employee. This caused me much embarrassment and stress knowing that this investigation wasn’t private and has been discussed with others. What is my recourse?

Asked on September 16, 2011 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, an employer is *not* precluded from disclosing the results of an internal investigation. Employers, after all, set the terms and conditions of employment, including how investigations and discipline are done and what information about them is disclosed.

If the employer signed an agreement stating that the information or results would be kept confidential, that may be a different story--in that case, you may have a legal action based on breach of contract. However, even if you do, it may not be worth pursuing; as a general matter, the law does not provide compensation for embarrassment and stress, so if that is the "only" injury you have suffered (not to downplay it, but again to note that the law does not compensate for it), you may not be able to sue for enought to justify the cost of a lawsuit.

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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