Asked in Employment Law for California

Q: Is entering the wrong contact info accidentally considered as indirect disclosure of confidential information?

I am a Legal Assistant and I accidentally entered wrong information in the database of one case which includes an email address of a defendant, it should supposedly be saved to a different case. This resulted in a Paralegal sending email containing confidential information to the wrong person. The HR is making it seem that this constitutes as indirect disclosure. Is this correct, and does it warrant termination of an employee? Thank you.

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3 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
Answered
  • Orange, CA
  • Licensed in California

A: In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.

In your case, you made a mistake, so yes, your employer may terminate you. Whether they will do it or not, is up to them. What I recommend is to inform your supervising attorney ( if you have not done so already) as soon as possible about this inadvertent mistake so that the attorney can take appropriate measures to protect attorney-client privileged disclosure resulting from your mistake. Best of luck.

Maurice Mandel II agrees with this answer

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In the situation described, the accidental entry of incorrect contact information in a case database, resulting in the inadvertent disclosure of confidential information, can be considered an indirect disclosure. As a Legal Assistant, it is imperative to prioritize accuracy and uphold data integrity, particularly when handling sensitive information.

The decision of whether this incident warrants termination of an employee hinges upon several factors, including the gravity of the breach, the organization's policies and procedures, and the employee's historical performance. Employers typically evaluate the impact of the disclosure, any resulting harm, and whether it signifies a recurring pattern of negligence or carelessness.

Certain organizations may regard such incidents as significant breaches of confidentiality and trust, potentially leading to disciplinary actions, up to and including termination. However, alternative courses of action could involve perceiving it as an honest mistake and implementing less severe consequences like additional training or counseling.

Ultimately, the determination of termination lies within the purview of the employer. To gain a comprehensive understanding of the specific circumstances and potential ramifications, it is advisable to consult the organization's policies, employment contract, or seek guidance from an employment attorney.

Preserving confidentiality stands as a paramount concern within the legal profession. Hence, it is crucial to learn from these errors, adopt appropriate corrective measures, and establish protocols that minimize the likelihood of similar incidents transpiring in the future.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The mistake warrants termination if your employer determine it to warrant it. You are an at will employee, and as such, your employer has the right to terminate you for any reason or even no reason at all. That means a simple mistake with no consequences at all to the firm would be more than enough for your employer to terminate you. A mistake such as you report unquestionably could be a legitimate basis for your termination.

Good luck to you.

Maurice Mandel II agrees with this answer

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