Can You Be Fired for Mishandling Confidential Information if You Didnt Do Anything Purposefully Wrong?

Introduction

Yes, it is possible to be fired for mishandling confidential information, even if you did not do anything purposely wrong. In today's landscape, the handling of sensitive and confidential information is critical for the security and legal compliance of organizations. This article explores the legal and ethical considerations surrounding the mishandling of confidential information and the potential consequences for both the individuals and their employers.

Case Study: The Insider’s Perspective

Past Experience with Confidential Information

I worked for Medicaid Society of MA back in 2014. During my tenure, out of the total of 10 employees, 9 were from India. The Boston Globe began publishing articles in 2014 about Indian telemarketers contacting Medicaid patients in Massachusetts for various medical products and services such as prosthesis, wheelchairs, and insulin for diabetes sufferers. How did these telemarketers have such detailed medical information about Medicaid patients? The answer lies with the Indian employees of the MA State Medicaid Society, who had access to confidential information.

Legal and Ethical Considerations

Employer’s Responsibilities

Employers are required to establish and maintain strict policies and procedures to ensure the confidentiality and security of sensitive information. If an employee mishandles confidential information, regardless of whether it was done purposely or by mistake, the organization is responsible for addressing the issue promptly and appropriately. Failing to do so could result in severe consequences, including legal charges and liability for the employer.

Procedures and Damage Control

As a former defense contractor and Facility Security Officer (FSO), I can attest that the first response to a breach of confidential information is not immediate termination. Instead, an investigation would be conducted to determine the extent of the loss or potential compromise of the information. If it is a procedural issue, the procedures would be reviewed and improved. Corrective measures such as disciplinary actions and retraining would be implemented to ensure future compliance.

Repetitive Misconduct

If an employee is repeatedly careless with confidential information and this behavior continues, they may face more severe consequences. Repeated carelessness can indicate a lack of commitment to security procedures, and the employer may decide that the individual is no longer suitable for their role. In such cases, the employee may lose their personal clearance, and if they cannot perform their job without it, they may be required to leave the organization.

Organizational Policies and Guidelines

Organizations have stringent policies and guidelines in place to address any violations, whether intentional or unintentional. Any form of mishandling of confidential information, no matter how minor, can have serious repercussions. The organization’s ethos is to protect sensitive information against any potential misuse, ensuring that high standards of security and confidentiality are maintained.

Employment at Will in the US

Under the principle of employment at will in the United States, an employer can terminate an employee for virtually any reason, except in cases where the termination violates specific laws or contracts. There are certain protected statuses under anti-discrimination laws, and contracts can provide additional protections. Therefore, wearing a blue shirt might not be a legitimate reason for termination unless it violates specific policies or laws.

Conclusion

The mishandling of confidential information, even without intent, can lead to significant consequences, including termination from employment. Employers have a responsibility to ensure the security and confidentiality of sensitive information and to have strict policies and procedures in place. Employees must comply with these policies and face appropriate consequences for any violations, regardless of whether the violations were intentional or not.