can you get fired for accidentally sending confidential information

Of course. I was new, too eager to please, naive and I let the client rush me instead of following established protocol. Because I said I wouldnt, I knew there would be consequences if something like your story happened to me, and also because, hows that going to look to a potential future employer that might value confidentiality equally highly? If I ever texted a journalist about nonpublic information Id be fired. confusedabouteverything Forumite. It might possibly be seen as less bad that the information shared was intended to be made public anyway, as opposed to it being information that wasnt ever supposed to get out. And I think you can share your excitement with others, just not the information. Its to LWs friends credit that she didnt pass on the info to a journalistic colleague who DOES work in that area; its not to LWs credit. On other occasions, you might accidentally receive a confidential email with information meant for one person (or a few people) you know. OP, specifically following up with Alisons advice above, you were fired because you showed your employer that your first reaction when learning about confidential information was to text (1) someone outside of your company who was not authorized to know that information and (2) someone who was a journalist, who by profession is at risk for leaking said confidential information EVEN IF you only know them as a friend and EVEN IF you promise pinky swear that they would never ever do that. (Even if its not an area she covers, she likely knows the person who does, and journalists share tips/info all the time.). And if it is a part of that, the coworker was obligated to report it! (sorry for all the theys. English has a pronoun problem.). OP, its worth examining whether trying to assuage your guilt by sharing this with your mentor, rather than with some outside person who doesnt touch on your industry, was a version of getting post-mortem permission. Or does it only matter that I broke a rule?, For #1, Youre certainly allowed to bring up anything you want in an interview, the question you should really be asking is, Will it help or hurt my candidacy to bring this up?. Penalizing or firing such employees may lead to the loss of good talent and even create a negative impact on employee morale. Same here. Id spend some time processing how you felt and trying to learn to take accountability and personal responsibility for this (and seriously its something thats really uncomfortable and hard for everyone but it helps so much). If you lie during the interview and the truth later comes out, thats enough to get you fired. quite a lot of people are going to feel as though youre making them an accomplice in your bad behavior. Learn that about yourself, and move on. I even tell friends this who work in classified situations and I dont even report the news anymore.). [duplicate]. Both of those would merit a reprimand, separately or together, but somehow in the telling it got turned into that the latter happened with the former as the method. Heres what to do. It can depend on what mechanisms are in place to protect the content of the email, who is sending the email, who it is being sent to, the content of the email, and whether the subject of the HIPAA information has provided their written authorization for unsecured PHI to be . Sharing HIGHLY CONFIDENTIAL info with a JOURNALIST? I was talking about this upthread before I saw this discussion. She can still apply to jobs in her field, and even in the fields you noted, shell just have to be very clear in interviews that she understands why she was fired from this job and how shell work to ensure nothing like this ever happens again. how do I get out of an active-shooter drill at my office? Identify the cause of the information leak. Excitedly texting confidential, FOUO information to a friend who happens to be a journalist, unconscious of the optics and real potential harm? Or, maybe they totally overreacted, who knows its impossible to say from here. Medical too. This mixed with the coworkers inflated story, I would be more than annoyed by this coworker too. No, no, no, no, no. But what you do when youre on the other side of the inbox? While it clearly appears LW would not have done any of this, the regulations and policies are written to protect the employer and coworker from any potential negative actions. UK government has fired people for looking up records of contestants on reality TV series, multiple times. I would not immediately snap into how can I report this? Since that didnt happen Im not surprised you werent given a second chance. We all developed what we called the [cityname] twitch of looking over our shoulders before we talked about work stuff in a public place. That makes a certain subset of people *extremely* excited. Ohhhh come on. Your assistance is much appreciated. And then THAT person got so excited that they just had to tell someone Each person thinks theyre only telling one other person, and that they can trust that person. As others mentioned, the breach is possibly a fire on first offense potential, but since they fired you after investigating slack that makes me wonder if you had too casual and friendly of chats with the journalists whose job it was for you to talk with. Some offenses are so serious that you immediately get fired. RIGHT NOW it is totally privileged information and it needs to be treated that way. Copyright 2007 - 2023 Ask A Manager. But she also would not tell me if she spent a day at work planning for a war!). Same-sex marriage is going to be legalized tomorrow!. I screwed up in grad school and had to go in front of an IRB board for being sent information that I hadnt gotten full clearance for. She knew about a leak and didnt say anything, who knows what else she is helping to hide, My boss, in a well meaning way and to correct some weird barriers previously put in place by the person before him, told me openly that if Big Boss [aka the owner] asks you anything, just answer him, its all good, you dont need to filter things through me or anything., And I just tilted my head and laughed at him saying Even if you told me differently, I would tell him whatever he wants to know. Which given our relationship he just giggled and responded with of course and thats the way it should be.. They might tell superiors accidentally, out of frustration (e.g. It doesnt matter if theyd trust this person with their firstborn child. And being mad at them is an effort to dodge responsibility and ownership of the actions that WERE at fault. Both the affected parties were amazing clients who prided themselves on solid security practices. I was often privy to non-public information because I was designing media campaigns around them. You seriously violated your privileged access to confidential information. It might just be that the scanners caught it and notified security. I am assuming you had a clearance of at least Secret. I wish I lived in your country. No 2nd chance especially because you knew it was a no-no before you shared. 2007-2023. While I dont think the LW should be endlessly flagellating herself, this was her fault, not the co-worker. Ive definitely been guilty of sharing exciting but not-yet-announced news with colleagues. If theres anything else you can say about your work there to put this in context like that you had received a glowing performance review, were taking on increasing levels of responsibility, etc. If a member of your staff violates this explicit. how did HR and OPs boss come to the conclusion that this information was spread through Slack (!) (The fact that your friend is a journalist makes it particularly egregious.) I get why maintaining confidentiality is important, and I understand why the OP was wrong in this particular situation, but balance is also needed. I had the same thoughtthat was very unwise. I get that people can learn from their mistakes, but this could be an indicator of a lack of proper framework, and perhaps a boss wouldnt want to risk it. We can think things without saying them out loud. OP doesnt sound naive or too young, either. This. Whose to say OP isnt right that the coworker had it out for her? If you are still defensive or dismissive about this, it will come through in an interview. I dont know the OPs financial status but if she needed the $$$ its not that easy to look at it as a kindness in the moment. Employer found out and had grounds to fire you. I do have to wonder if the hospital failed to educate its employees on how freaking serious that kind of breach was, And also failed to inform them that the system tracks who looks up a particular patients record. Trying to tell the OP otherwise is to minimize the impact of a serious offense. Im not feeding a narrative, Im expressing my opinion. . This is a long way to go for a publicity stunt. Look the UK Foreign Office is currently knee deep in a police investigation into information thats been leaked to journalists and the consequences are potentially extremely serious. It can bring vital information to the public who have a right to know. You wrote, The only reason I got fired was because I was ratted out by a coworker for a victimless mistake and was fired unfairly. But you werent fired because your coworker reported you; you were fired because you broke a serious rule. Compare someone in law enforcement happening to find out the (secret) address and phone number of their friend-groups favorite celebrity, or finding the contact information for the cutie in the convertible, after their roommate catches the license plate numberand sharing. If there were excetions, that would be explicitly stated. Reduce human activated risk to protect against email data breaches, Allow your teams to communicate securely and share sensitive data, Guiding principles that govern how we operate as a team, Diverse and inspiring individuals passionate about making a difference in the world, Join our team across a range of roles and help shape the cyber security market, Tailored compensation and career paths designed to attract and retain world-class talent, Unique and personalized benefits to help maximize your potential with us. And it is so hard! Same here! I dont want to beat up on the LW, but I do think they fundamentally need to understand that the loss of trust made it impossible for the agency to give you a second chance in this position. I agree that its ok to be upset with people, even if its irrational or illogical, as long as we ultimately let it go and refrain from mistreating someone because of our illogical emotional response. If any of those connections were being intercepted by an unknown third party, however, you've just put your customer's data into their hands. Why are Suriname, Belize, and Guinea-Bissau classified as "Small Island Developing States"? LW I encourage you to ask yourself why you wrote this: Your actions showed you were not trustworthy with confidential information. (i hope this story still makes sense with all identifying details purged, but hopefully its clear from context uh why i am purging all those details smdh) So. While I was working there, I started dating an entertainment journalist who then covered some Marvel projects, and there were definitely things that happened at work which I did not share with him because of my NDA. You will bounce back! Negative emotions are a learning toolfeeling guilty is very uncomfortable, so we dont repeat the behavior that led to the feeling guilty. The US is a large jurisdiction, and generally have what I consider very little protection for private data. I understand the issue had to be reported, but why this way ? the coworker probably was obligated to report it The consequences are serious and could have legal implications if youre representing a government or publicly traded company. But OP gets to choose what they think the coworkers motivations may have been. The z department is not allocating the staff they promised. Third, with bright line rules, we cannot adopt situational ethics where its ok to disclose to close-trusted-journalist-friend because we trust them. Second chances arent a foregone conclusion in any aspect of life or work; your expectation that there should have been one at all suggests a level of entitlement that needs to be examined. The type of sanctions that Contract Killer is talking about would only apply to confidential records, not non-public records. It should go without saying: a breach of confidentiality could and would wind up in a bar complaint in my jurisdiction. You really think a lawyer would publicly (extremely publicly) admit to doing something he hadnt done, for which he was sanctioned and fined by regulators, and permanently ruin his own reputation in the process? But if youre singling people out, or only using it in the context of chastising someone, then yeah, for sure condescending and rude. I agree with Alisons response. As soon as someone has decided you're not a team player, or are a problem employee, then even tiny things get seen as evidence that you should be fired. Say I have a friend working on a presidential campaign, and she tells me theres a bunch of debate about the candidates strategy, I have to decide whether to mention that to my colleague who covers the candidate. If the email involves sensitive information, this could be a serious problem for the people involved. The main problem is that 'copying data in a very insecure way to be able to bring those data. You take this as a hideously painful lesson, and change your behavior across the board, and most people could see that as a learning moment, from which you learned. I dont work for the government but I do work with what are technically health records, although theyre not full patient charts or anything. You colleagues are often the closest people to you, so it makes sense to want to tell them about your problems (which include work screw-ups), but you cant. Pay secrecy is a workplace policy that prohibits employees from discussing how much money they make. I know Id be pissed at you. I can imagine all kinds of things that wouldnt be that exciting to the world but that I would still want to tell a friend. I did something similar over 20 years ago. People tend to share with trusted confidants/partners/etc. It is not clear at this stage whether the 911 caller will be pursuing a civil claim for damages as a result of the privacy violation. All rights reserved. But heres the thing you still have to have a ton of discretion about how you share and where. From the other persons perspective, its always easier to say Oh, dont worry, its not that bad than to get a half-hearted minimizing apology for something youre really stinging from. If that is so, there is nothing you can do to avoid the termination and you should be looking for new employment. Best wishes! Yeah. And the coworker, well, this was information that was a major conduct infraction, not just embarrassing or private if a coworker told me theyd done this, Id have promptly reported it, not to humiliate them, but to start the process of damage control. She shared it via text not voice, but text, which could be seen by someone else. You dont get a warning for things like that. I feel your pain. Having a mentor at a different organization in a similar role might be a good idea for the future. We've added a "Necessary cookies only" option to the cookie consent popup. So please think about that aspect when youre thinking about how she ratted you out. Please banish the phrase ratted out from your vocabulary and thinking. The terminology is often not eligible for rehire., And every time Ive ever given a formal reference, that has been one of the questions: Would you hire her again? or Is she eligible for rehire?. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Im thinking of the Elizabeth who went on a 20-email rage about being called Liz, or even the old 1970s memos from the Tiger Oil CEO that found new viral life in the digital age. They must always assume the worst case anyway. Or, heck, for all I know he didnt actually work on anything that interesting. Contact the recipient Get in touch with the recipient as soon as you notice the mistake and ask them to delete the email without reading or sharing it. On the weekend, I was sending a personal email to a friend. Well 1.) Well, you certainly can do that, but its one hell of a risk, and a continuation of poor ethics. If you had stayed they would have never trusted you again.. Hes in an unrelated field, it doesnt affect him at all, and he wouldnt really care outside of knowing whats going on in Eddies life but hes a chatterbox and theres a decent chance hed forget and say something to someone. You put your coworker in an awful spot by telling her this information. They made much more money off of the JK Rowling name. I encourage you to get involved with PRSA. The HIPAA Rules require all accidental HIPAA violations, security incidents, and breaches of unsecured PHI to be reported to the covered entity within 60 days of discovery - although the covered entity should be notified as soon as possible and notification should not be unnecessarily delayed. Sometimes they do, and other times they tell the person telling them that they or their actions negatively impacted another person that *they* are the ones in the wrong for telling them something that made them feel bad. Ive worked in the banking industry for a couple decades and this would be a fireable offense on the first instance, no ifs, ands, or buts. Thats why they told you the information was confidential. They might push the company to reverse your termination. If you feel uncomfortable about a work rule you are clearly violating, your coworkers are not going to be thrilled that you get them out there on the plank with you. The info is out, the tech used to spread it is irrelevant and a distraction from the problem. Your failure to understand the gravity of your actions is alarming. When weve made a mistake, it often feels unfair when we dont get an opportunity to explain, defend, and/or redeem ourselves. You can bet Id be gone with no second chance despite my almost-20-years and ton of good work. Im sure he knew about things that he would have liked to talk about, and my dad can talk about anything to anyone at great length. I dont know if shell do it again, but Im certainly not going to take the risk on someone who doesnt even seem to be sorry. Its especially challenging if youve grown up immersed in social media, where confidential emails with the names and sensitive details blacked out are frequently posted on Facebook or Twitter or someones blog, where they go viral. People dont talk about it very much but it definitely happens. No! Your comment above is much closer to an effective track. Is it possible to rotate a window 90 degrees if it has the same length and width? 4. Yes, own it. Its also possible that she got caught in a broader crackdown on leaks and thus wasnt given a second chance when she otherwise might have been. Your second co-worker who sexually harassed a woman was put on a PIP? Its also possible that the way you talked to your boss about it cost you a second chance too- if you were anything other than mortified and taking 100% responsibility, they likely thought it wasnt worth trusting you again. And then there are things you cannot even hint at under any circumstances. To me, her wrong doesnt justify her mentor going behind her back. Its not their call. Everything the OP described sounds like a non-public record. If she tried to downplay the seriousness of the breach in the meeting (like saying it was a victimless crime) then they may have decided that they couldnt afford to give a second chance. A few weeks ago I worked on a medical chart for A Big Rockstar, but not only do I get fired if I tell anyone which one, I get fired if I open up a single page of his chart that I cant explain, if asked, what the exact and specific work-related reason for opening that page was. Thank you for following up with Alison and here in the comments, and Im sorry for what youre going through. Although it was mortifying at the time, this has taught me a hard but valuable lesson about handling sensitive information setting boundaries in my relationships with reporters. I say dont lie during any part of the job application. Examples that most journalists would find pretty snoozy (although journalists who cover the agency super-closely for trade publications, Politico Pro, Bloomberg Gov, etc, would still be interested): All of that being said, I wish her the best in moving forward and finding another job shell bounce back and be the wiser for it. update: is my future manager a bigoted jerk? Thats the wrong lesson to learn. What exactly do you want her to do so you feel satisfied that shes recognizing and acknowledging the seriousness of what happened? Its a risk when you ignore these compliance issues especially willfully. Was alphabet city watching his ass, no idea. And I told Mom, so so so many times that I didnt build it myself! But your friends profession means you often cant share these types of things with her because of other peoples perceptions about it they dont know your friend, and while she may take off the record seriously, some journalists dont and your coworkers have no way of knowing which type of journalist she is. Even if you trust her 100%, she is still too high risk. Period. Yep. Its extremely tempting to want to be the person in-the-know, but my motivation for keeping things confidential is stronger: I dont want to ruin my reputation, and I dont want deal with the fallout of severely disappointing my colleagues, whom I respect and like. +1000. Confidentiality, especially in government, is no joke and should be taken very seriously. If nothing exculpatory came out in that meeting then maybe firing was the appropriate response. And then that coworker did tell someone, and she was fired. I minored in journalism and this attitude is why I never worked in the industry. A senior UK diplomat has resigned over the matter. This comment comes across as quite clueless I work for a government entity where nonpublic information often affects peoples day-to-day lives and pocketbooks and people put a lot of money (lobbying) into knowing whats happening. I hope you mean it when you say you understand the magnitude of this mistake and why you were fired for it. But what might walk that back to a performance plan would be a sincere, unqualified apology showing understanding of the gravity of the error. Non-public just because it hadnt been announced yet isnt the same as the location of the emergency bunker. Fwiw the journalist agreed to destroy the info. When they took the only course of action they could have taken and still kept their job and notified your employer of your actions, you became defensive of your actions. I mean, yeah, absolutely! It sucks this happened, and Im sorry that this was the way it all went down. I recall a year or so into this administration at least a couple federal departments making A Big Deal out of leaks because it seemed like every other story (usually negative) was quoting an anonymous source sharing sensitive information they werent authorized to release. Yes, I did filing in a small-town law office where almost every name was familiar and nothing I read or saw left the office. The mistake was breaking company policy not that they announced to a coworker they broke company policy. But even if there is no danger, an obligation to report is just that. Plenty of folks are friends in my business lobbyists, journalists, staffers you cant lose control of your impulse to share information. This is mostly a matter of describing your motivation appropriately, and in this respect "At that time, I did not realize" does a better job of conveying that your basis of judgment has changed in the course of that experience than a mere "I did not realize" would. Honestly this feels well intentioned but not right. If her friend never told anyone it never would have gotten out. Second coworker only was put on an improvement plan. Thats the real clincher here for me) and on a personal level with management your position is one of trust and you violated the basis of your work. When I read the letter, it struck me that the VERY EXCITING nature of the news was more of a reason NOT to share it. They are not neutral. Sometimes he wasnt working on confidential stuff, and he could come home and geek out over what he was doing if he wanted. Oh, I wish Id seen this before replying. We literally filled a room with records for them, and 99% of it was people asking what flavor of donuts to bring to a meeting or requesting copies of informational flyers. Yep, I think its worth LW remembering that while she knew shed never leak anything again, her boss and co-workers dont. What you did was misconduct. Access rules are very, very strict, and there are reminders all the time. Things can be the way they are for understandable reasons and you can still feel like crap about it. We got [Celebrity Y] to promote a big public health initiative! Agree with this. Taking full responsibility isnt just the better moral choice, its the more effective one. Accidents happen inadvertently but this is not the case here. It may help in your next position to transpose your thinking around these things a bit. And especially, sharing information that youre not supposed to tends to be the type of thing that will get you fired immediately without another chance. Employees who violate their companies' email policies can face penalties ranging from disciplinary action to termination. I wouldnt lead with it, but I wouldnt hide it either if it ever comes up, and folks will likely ask about why youve left past jobs. The hospital I was working for last year had the best of this kind of presentation that Ive ever seen. I know it isnt the actual incident since the details dont match (no twitter or cake pictures mentioned in OPs case), but I was assuming it was something like the NASA gravitational waves thing. This is probably not a feasible strategy, unless the OP was at the job for only a few months. Im not trying to teach her a lesson, necessarily, she seems to have gotten the point. If we think about this, not only did she trust her journalist friend, she trusted her coworker not to tell anyone either. And sometimes at shows they dont identify themselves as press immediately. Or maybe one of those people isnt quite as trustworthy as the person who told them thought they were, and they tell the wrong person, or tell multiple people, or write an article about it because theyre also a journalist.

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