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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Tina, Im still losing sleep over this matter. one question If

Resolved Question:

Tina,
I'm still losing sleep over this matter.
one question
If the terminated employee had admitted to me that she knew the test results were accurate (failed drug test) 3 weeks after termination have I breached confidentiality? Employer stated I breached because I only had knowledge because I was her supervisor.
Thank you,
Michaeline
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello again,

Whose right to confidentiality does the employer argue you breached, theirs or the former employee's?

The former employee did not tell you in your capacity as a supervisor, correct?

Customer: replied 5 years ago.

They say I breached the former employees confidentiality. How could I have breached theirs?

 

The former employee did not tell me in my capacity as supervisor. She was terminated.

 

Sorry I asked the question again because it said the website was not responing.

Expert:  Tina replied 5 years ago.
There is an easy way to solve this if the former employee is willing to sign a document waiving their right to confidentiality.

If not, there is still a very strong argument that you did not breach the employee's right to confidentiality for the very reason you suggest--you were not the employee's supervisor anymore.

The issue, while somewhat complex, would be mute really if you did have a duty to report your knowledge as you originally suggested since the obligation to report would overcome any right to confidentiality, much like a therapist's duty to report certain events overcomes their patient's right to confidentiality.

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