All--

I made the mistake of downloading an IRS Form 990 and allowing a coworker to see it. For those who are not familiar with the 990, it lists pertinent salary information about non-profits including director pay. In my business' case, that information is VERY detailed and lists 10+ director's annual salaries. The form is available online at no charge, and is considered a public record that is available due to the company's non-profit status.

Needless to say, the business found out and has placed me on leave pending an investigation. As I allowed my co-worker to see the document without any comments such as "that is too much" I didn't outwardly violate any written requirements of the company's employee handbook. Is there any statute that protects my ability to have (and allow others to see) a public document that was legally obtained? Could the NLRB ruling related to discussing salary have any bearing on the outcome of this situation?

Thank you in advance.

Is there any statute that protects my ability to have (and allow others to see) a public document that was legally obtained? Nope.

Could the NLRB ruling related to discussing salary have any bearing on the outcome of this situation? Nope. You are free to discuss YOUR salary but not to pass around the salary information of others in the workplace, even if it's public information.

The problem here isn't that you accessed the IRS form, it's that you showed it to a co-worker and obviously he or she couldn't keep their mouth closed about it...

The way I (and others) have explained this many times before is; I can tell Beth what I make, and Beth can tell Patty what she makes. But when Patty tells me what Beth makes, Patty is out the door.

It may have been a public document, but that does not give you the right to make other people's salaries available to your co-workers. You're frankly very lucky that they're conducting an investigation and didn't fire you on the spot. Nor will it be illegal if they choose to term you at the end of the investigation.

Although I will acknowledge that this thought will be in the minority - to be sure - but I am not so quick to agree ...

Hear me out and chime in. :)

As I understand the situation, if you are discharged, then you will be discharged for making public information public, correct? While I am certainly unaware of similar circumstances and do not have knowledge of any specific caselaw, I wonder if there could not be a public policy argument made.

I can envision a complaint filed and a judge allowing this matter to go before a jury ... thereafter it is anyone's guess, but if I were representing the employer I would advise settlement discussions because this would not be an argument, to wit, that the ER fired you because you made public info public, I would want to make before a jury of your peers.

Interested in the thoughts of others ... nothing like a healthy debate on a murky (at least in MA) Tuesday. ;)

Although I will acknowledge that this thought will be in the minority - to be sure - but I am not so quick to agree ...

Interested in the thoughts of others ... nothing like a healthy debate on a murky (at least in MA) Tuesday. ;)

How about on a Wednesday? :p Sometimes, I think my buddy rjc bends over backwards for the employee, but in this case, I think I agree with him (whatever that's worth). Fired for making public information public? Violation of public policy if discharged for that and that alone? Not out of the realm of possibility. ;)

Sometimes, I think my buddy rjc bends over backwards for the employee, but in this case, I think I agree with him (whatever that's worth).

Those persons I have either terminated and/or been an active participant in their terminations as well my union counterparts may disagree with you, but there may be much to be said for being unpredictable. And it is the holiday season.

And thanks for your seemingly reluctant support ... ;) :D

PS ... it remains murky in MA, so Wednesday will do.

Those persons I have either terminated and/or been an active participant in their terminations as well my union counterparts may disagree with you, but there may be much to be said for being unpredictable. And it is the holiday season.

And thanks for your seemingly reluctant support ... ;) :D

PS ... it remains murky in MA, so Wednesday will do.

My pleasure. ;)

Even with "public" information, there is still a way it must be handled and or requested. Just because it is public doesn't mean a person can take it and do what they want with the info.

Perfect example, I work in the public sector and my salary and those I work with are "public" knowledge. That doesn't mean I have carte clanche to discuss someone else's salary with a third party that has not requested the information through the proper channels.

Elle, I respectfully disagree ... I think because the information is public that anyone can obtain it and share it with whomever they choose.

Moreover, because the information is public there is no "harm" to the employer ... that is where I think a good lawyer can make an argument that a resulting termination violates public policy. Again, as I have previously stated, I have no statutory and/or case law to support this possibility. However, that is why there are cases of first impression.

For the record, I too work in the public sector and would never consider terminating an employee who shared public information such as described ... there is simply no way an arbitrator would uphold such a decision. Of course, it is different because most likely such an employee would have just cause protection as opposed to simply being at-will.

Still, I would also not want to attempt to make such an argument to a jury which would likely consist of the working, middle-class.