I have a question about breach of confidentiality with discipline records.

UPDATED: Sep 30, 2022

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I have a question about breach of confidentiality with discipline records.

I work in a group home and recently learned that a list of medication errors
made, complete with the full names of the employees who made them, had been
published and placed in the communications logs of all the other homes, available
for all employees to see. I consider this a breach of confidential employee
records, just as if they had published a written disciplinary warning for the
entire company to see. Am I correct that this is a breach of law? I have
respectfully asked my employer to discontinue the practice, but I want to be sure
that I have a leg to stand on should I need to press the issue.

Asked on February 4, 2017 under Employment Labor Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no law that requires that disciplainary records be kept confidential. So unless you have this protection under the terms of an employment contract or union agreement, you have no claim here. The fact is that most work relationships are "at will", which means that a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination.

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.

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