confident information regarding clients and or services

[IB107]

What would you do if a fellow officer, started talking to tenants about sensitve client information, and or contract information, and lets say this officer became friends with some of the tenants ? would you fire em ? would you suspend them ? lets say the have rank, but are of the lowest ranked postion corpal, would you demote them ?


well my boss asked me and the 2 other supervisors to come up with a punishment, for the officer in question, i have been thinking that we should have the officer write a letter of apology to the client and our boss stating why it is important not to break confidentaly and why the officer wouldnt break confidentaly in the future, and also throw in a 3-day suspension, to give the officer time to think about things....

[N. A. Corbier]

Oh, hell, that is such not a good idea. There should be a clear outlined disciplinary plan for employees. It should be written down, shown to employees as part of the handbook upon hire, and strictly adhered to.


Did this person sign a confidentiality agreement? Were they aware, and can you prove that they were, that confidential material shall not be discussed with others? What does the company do with others who violate this rule?

All these things are relevant if the employee decides to pursue legal action for wrongful termination or other issues arising from negative consequences.

Employees? Suing my company for their own stupidity?
Its more common than you think.

[Bill Warnock]

What would you do if a fellow officer, started talking to tenants about sensitve client information, and or contract information, and lets say this officer became friends with some of the tenants ? would you fire em ? would you suspend them ? lets say the have rank, but are of the lowest ranked postion corpal, would you demote them ?


well my boss asked me and the 2 other supervisors to come up with a punishment, for the officer in question, i have been thinking that we should have the officer write a letter of apology to the client and our boss stating why it is important not to break confidentaly and why the officer wouldnt break confidentaly in the future, and also throw in a 3-day suspension, to give the officer time to think about things....

This appear to be a convoluted answer; however, you should ask your boss to check with the company's legal department.
I would suspect you will be governed by:
One.What type of standards of conduct and disclosure of propriety information and the consequences of such violations did the employee sign when he was hired?
Two. EEOC issued rules and opinions.
Three. Fair Credit Reporting Act (FCRA).
You may not be able to arbitrarily give a 3-day suspension.
Your actions should not considered to be ad hoc.
Before I did a single thing, I'd have the legal department in your boss' corner.
Enjoy the day,
Bill

[mh892]

Violation of confidentiality. Your outta here. Period.

The boss should sit down with the guy and explain that he/she 'knows' what information the guy has given to unauthorized persons and this information could/may lead to problems between the client/company/unauthorized persons. This violation of confidenciality could lead to loss of an account and possable legal problems for the company. "Your fired."

[N. A. Corbier]

Ah, but does their state make violation of confidentiality an offense like Florida does? Remember, while 493 criminalizes it, not all states do. In my state, there are no protections for clients from security companies or employees disclosing confidential information unless a confidentiality clause is created in the contract! In fact, unless the employee agrees to a Non-Disclosure Agreement, and the rules are shown to the employee at time of hiring, they have a case to sue for back wages and re-instatement of job if you attempt to fire them for that.

Bill: I've heard a lot of things, but why FCRA after hiring someone? I know about FCRA protections during the hiring process when performing credit file checks, but during termination phase?

[ycaso77]

Well if its a healthcare facility you have Hippa to worry about. Other questions related to security practices and procedures, systems/equipment, schedules, tenants information, private phone numbers, etc. are all covered by a written policy. If in doubt refer to a supervisor, don't guess or make assumptions or play Mr. Know-it-all. You'll be looking at a three step disciplinary process, and at a minimum a dull and dusty parking lot with no one to talk too. Sounds harsh but too many trying to get too much information for who knows what purpose these days. As an extra, persons who are too inquisitive either get a field report filed or spoken to quietly while a few checks are made. And never ever give out info on a fellow officer............thats your job.

[Jackhole]

Well if its a healthcare facility you have Hippa to worry about.

No, you have HIIPA to worry about and just because you don't work in a health care facility doesn't mean you don't have to worry about HIIPA.

[Jackhole]

What does your disciplinary plan say you should do? Perhaps you should check that.

[bigdog]

Im friends with a few of my tenants but would never tell them sensitive info. Ive even dated one of my tenants. I let the lt know he said it was fine.

[ycaso77]

No, you have HIIPA to worry about and just because you don't work in a health care facility doesn't mean you don't have to worry about HIIPA.

Yup, I said you have Hiipa to worry about. The fact that Hiipa can be relevant on everything from a prisoners medical condition, another officers health condition and so on is also true. How many people here have ever gotten a phone call from a co-workers dr. asking if they were there, and then proceeding to tell you the results of such and such exam or test to pass on?

[HotelSecurity]

Im friends with a few of my tenants but would never tell them sensitive info. Ive even dated one of my tenants. I let the lt know he said it was fine.

Thats a no-no in hotels!

[aka Bull]

Oh, hell, that is such not a good idea. There should be a clear outlined disciplinary plan for employees. It should be written down, shown to employees as part of the handbook upon hire, and strictly adhered to.


Did this person sign a confidentiality agreement? Were they aware, and can you prove that they were, that confidential material shall not be discussed with others? What does the company do with others who violate this rule?

All these things are relevant if the employee decides to pursue legal action for wrongful termination or other issues arising from negative consequences.

Employees? Suing my company for their own stupidity?
Its more common than you think.

I have to agree with N.A. on this issue. A company wishing to protect itself from unlawful termination lawsuits, as well as to protect it's proprietary information (such as contract information, company operations, etc..) should have formalized policies on the confidentiality of information and a formalized disciplinary (hopefully progressive disciplinary) plan for violations of company policies, rules and regulations.

This will guide supervisory personnel in dealing with problems of this nature as well as the general issues that can bring disciplinary action. The severity of the violation can reflect the point in which the company enters the progressive disciplinary process.

Certainly it will remove problems of the, now terminated, employess filing a lawsuit in which they cite the companies disciplinary action as being arbitrary and capricious.

[Jackhole]

Yup, I said you have Hiipa to worry about.

No, you said "Hippa." I don't know what that is.

[Jackhole]

Thats a no-no in hotels!

So if you have a girlfriend, she can't ever stay at that hotel?

[aka Bull]

No, you said "Hippa." I don't know what that is.

HIPPA = Health Insurance Portability and Accountability Act (HIPAA) of 1996, Public Law 104-191.

Which "mandated the adoption of Federal privacy protections for individually identifiable health information".

Violation of HIPPA can result in hefty fines for the person violating the law as well as the organization found in violation.

In the hospital, medical practice, clinic, health care world HIPPA rules supreme.