EMPLOYEES RIGHT TO SPEAK - NEW YORK UNEMPLOYMENT INSURANCE

A matter came to me for my review. I was not retained but the topic interested me. Unemployment Insurance benefits was denied to a claimant on the grounds that claimant violated company policy by disclosing confidential information to another employee. Basically, claimant, a non supervisor, told fellow EE A that claimant heard that fellow EE B was the subject of an investigation.

On the surface, it appeared to be office gossip but claimant was warned on a previous occassion not to "gossip" when claimant told fellow EEs that EE C was in the hospital.