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My manager has suspended me from work :( What bothers me is

My manager has suspended me...
My manager has suspended me from work :( What bothers me is that he laughed about it with employees and shared my information with them. I thought this was part of my employee file which is supposed to be private. Am I correct? Please advise. Is there an actual law that was broken.
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Answered in 1 minute by:
9/18/2013
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in the Employment law arena.
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Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

Can you clarify what information he shared with other employees?
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Customer reply replied 4 years ago

He announced in front of a group of employees and customers that I was suspended for one week.


 


Also, another employee went to his office to inquire about it and he told her that I was suspended as well.

Hi,

OK, first, am very sorry for what has transpired. Here is the legal aspect, in NC, with regard to the laws of the state. Note further below that there may be different policies (more stringent), practiced by your company, but with regard to NC, and your post:

My manager has suspended me from work :( So sorry.


What bothers me is that he laughed about it with employees and shared my information with them. Ouch. Quite unprofessional, certainly.

 

I thought this was part of my employee file which is supposed to be private. Actually, no, that is not entirely correct. There are some things that have been carved out of the typical freedom of speech, that are legally private, such as HIPAA protected medical information. Unfortunately, disciplinary actions are not included in those protections, and anyone is legally free to speak of them.


Am I correct? In this instance, think not. There is no NC law that prohibits an employee from speaking about the disciplinary actions taken with regard to another employee. It is gossip, but that is not illegal, however distasteful and unprofessional. Please advise. Is there an actual law that was broken. No, not on these facts, as far as I can see. HOWEVER, it is very possible that your employer has a policy that supervisors do not gossip about subordinates at all, much less disciplinary actions. That may not help you much, depending on how you feel about reporting his behavior to HIS boss, or HR, or whoever. There is always a risk that reporting a superior ends up burning us, instead. But, it would not be unusual for unprofessional gossip by a manager of subordinates to be frowned upon by the employer. Had you been terminated, teh decision to report him may be easier. But since you have much to lose should he learn of the reporting and retaliate by causing you to be let go, you need to give that much thought. I do not find NC to have a law that prevents retaliation based on such a complaint - rather, that would be an internal matter that is left to the discretion of the employer, be it allowing a termination OR, siding with subordinate against the manager.

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in the Employment law arena.
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Customer reply replied 4 years ago
Thank you!
You are welcome. And thank you as well. Keep your chin up!
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