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flyboynm

Member
What is the name of your state (only U.S. law)? NM

I have a question in regards to this quotation:

IN CONFIDENCE
The information provided herein is to be treated as sensitive personnel information. All information regarding this notice falls within the purview of the Privacy Act and may not be discussed with anyone except authorized personnel. In addition, distribution of this information beyond the original recipient list requires the approval of the sender.


What can I do if my supervisor notified numerous of my coworkers about this action before I was notified or with the approval of the sender?
 


swalsh411

Senior Member
Probably nothing if whatever said was true, but you haven't provided enough context and background to know for sure.
 

flyboynm

Member
More info....sorry about the book

What was the action?
Who did it affect?
Who sent the notice?
Who was the notice sent to?
This notice was attached to a personnel action. The person that the subject of this action was the person affected (my sister).

The notice was sent by the Personnel Department of where she worked.

The notice was sent to her supervisors and her. This statement was at the bottom of the email that was sent in regards to this matter.

Further information:

Previously, this type of matter was not discussed. It was up to the employee to decide whom should know, if at all. It was not broadcast to other employees like it was this time.

In previous instances, the customer where the employee was not asked if they were comfortable with having this person on site due this action. In this instance, her customer was contacted, informed of the issue and was asked if they (the customer) were comfortable with her being on-site. Her customer was shocked at the supervisor's actions because they have never heard or seen this being done previously.

This person has been in contact with Employee Relations and there has been many inconsistencies with the information he has received. For instance, ER has stated that the termination action is policy between the higher headquarters and the site, but this policy cannot be found by my sister. My sister was told that her direct supervisor wrote the letter of termination, but when she talked to her supervisor, she was told that the ER representative wrote the letter. The last inconsistency was in regards to Fitness For Duty. ER has stated that her Fitness For Duty be postponed by Occ Med, however she had to provide the information about her next appointment to the ER rep.

What is going on here? Does that Privacy Notice have any effect in this case? To me, it sounds like someone has an agenda. I wonder if this is retaliation for my sister having had a Workman's Comp claim.

Whom should she take this issue, if anywhere? I just want to help her because I feel that she is getting some raw deal.
 

swalsh411

Senior Member
Stop being so vague with the "this type of matter" and "due to this action". Provide specifically what was in this memo and what your sister allegedly did or do not expect an accurate answer.

Based only on what you have provided (which really isn't much due to you beating around the bush), the employer may have violated their own internal policy but that is not illegal and your sister has no grounds to sue.
 

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