Legal Question in Employment Law in California

Did I breach confidentilaity? I told an employee I supervsie that a higher (supervisory) position MIGHT open within a year or so in one of our offices. I mentioned no names. I see my supervisory role as one that includes mentoring, coachng and supporting staff. I spent an our with this employee because he wasn't sure about a promotion he was offered. I know one of the supervsiors is looking for another job already. I mentioned no names, but being in a new program -I said- I'm sure other positions will be either created or become available in the future. My Manager who heard this later on feels I breached confidentiality. How so?


Asked on 8/23/11, 2:13 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If the last two lines of your question accurately reflect all that you said, there clearly was no breach as, except for positions that are scheduled to be eliminated, what you said is true of all jobs -- some opens will occur some time in the future. You just were saying the program was not going to be terminated by the company. Even if that were not true, company policy would probably want that you say that to keep people motivated. What would your supervisor want you to say -- you have no idea if that program will last or the company will be so unreliable that it might end it? What non-public information did that employee gain that none of the other employees did not know or could not guess?

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Answered on 8/23/11, 6:53 pm


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