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Workplace Privacy Rights After a Criminal Charge

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  • 01-02-2017, 10:03 AM
    lawfacts
    Workplace Privacy Rights After a Criminal Charge
    If your employer learns that you have been charged with a criminal offense, do you have any privacy rights that prevent the employer from disclosing the charges to other employees, or from requiring that you inform specific co-workers about the charge? An employee in Washington was charged with domestic violence and, when the employer found out about it, the employer required the worker to tell a co-worker about the charge and also about a protective order that had been issued to the alleged victim.
  • 01-02-2017, 12:10 PM
    Mr. Knowitall
    Re: Workplace Privacy Rights After a Criminal Charge
    Criminal prosecutions are a matter of public record. Absent a contractual prohibition (either in an actual employment contract or collective bargaining agreement) or civil service law (for government workers) that applies, the employer may discuss and disclose the charge consistent with its own policies.

    There may also be legitimate reasons why a co-worker would need to know about a protective order, as it's not unusual for the domestic partners of employees to patronize the business where the employee works, and they may need to respond quickly if the former partner's presence may require the employee to quickly absent himself from an important area of the business.
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