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I worked in California. Recently I was put in a program

Hi Allen,I worked in California...
Hi Allen,I worked in California. Recently I was put in a program called Performance Improvement Plan (PIP). If I failed in this program, my employment with this company will be terminated immediately. I believe I was treated unfairly and am protesting against it within the company. Besides, there's notransparent procedure/policy in the company regarding this PIP program. (That's part of reason I felt I was treated unfairly.)
Meanwhile, a friend working in media/press requested to have an interview with me, and hear more about the story. I'm inclined to accept that, but meanwhile concerned about the confidentiality agreement between me and my company. My questions are the following:
1. Is a company's policy or procedure, in particular this PIP program, considered as confidential by law? Do I need to confirm with my company on that?
2. If my company does say that its PIP program is 'confidential' and shouldn't disclose to the public, can I quote that and comment to the media/press. Will that be considered a violation of confidentiality agreement?
3. What if I exit the company without any extra agreement? Will I be able to comment on its policy more freely, or it doesn't make difference?Thanks for your advice!
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Answered in 9 minutes by:
3/16/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,155
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

1. A PIP does not have it's own legally mandated confidentiality with it. The company would have to set some internal rule concerning confidentiality. I will say that speaking to the press is not legally protected with private employers, because the 1st Amendment doesn't bind them .

2. Saying something is confidential doesn't violate confidentiality in most cases. If you and I entered into a confidentiality agreement based on me assaulting you, then if you were to say "yeah, he assaulted me and we entered into this agreement for money" that would violate the agreement. However, if someone were to ask you "hey, weren't you assaulted?" I can't really talk about that due to confidentiality, that's legally fine.

3. That depends on the actual agreement and what your purpose is in communicating the information. I can't really answer without reading the agreement.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,155
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,155
20,155 Satisfied Customers
Experience: Employment/Labor Law Litigation

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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