Can companies legally issue public notices about former employees?

Breaching personal privacy

Atty. Joseph Noel M. Estrada reminded that an employee's name, photo, and employment history are pieces of information protected by law. 

"Posting [this] information as a warning on a public platform, such as Facebook, without a lawful basis violates the principles laid down in the Data Privacy Act of 2012," Estrada said. 

Further, according to del Rosario, it is not okay to include in the advisory details that go beyond what the public needs to know. Although a lack of consent does not automatically make the advisory illegal, false statements and defamatory remarks do. 

"Unnecessary details about the reasons for separation, alleged misconduct, or personal circumstances should be avoided, as their disclosure might violate the Data Privacy Act," said del Rosario, adding that personal information meant to embarrass the former employee should also be avoided. 

"Hindi naman kailangang ipahiya ang dating empleyado para lang ipaalam na hindi na siya connected sa kumpanya," he said. 

Apart from breaching the former employee's privacy, however, sharing their personal details publicly may expose the employer to civil or criminal liability, including cyberlibel if the circumstances point to it, added del Rosario. 

When an advisory is necessary

An alternative to posting the advisory publicly on social media would be to share it only with the people or companies who will benefit from the knowledge. 

Per Estrada, the announcement may just be sent to "existing clients, patrons, and other people connected to the company if covered by a privacy notice or agreed upon in an employment contract."

Government law enforcement agencies are also allowed by law to post public notices about a former employee if the person is a fugitive from justice, said Estrada. 

A former employee's privacy concerns

If a former employee wishes to contest the public advisory about them, del Rosario recommended preserving evidence and formally requesting the employer to either correct the announcement or remove it altogether. 

Estrada suggested that if the employer refuses to do so, the former employee may seek help from the National Privacy Commission. 

If the post is defamatory, del Rosario also recommended filing civil or criminal charges, including cyberlibel, but this depends on the circumstances. 

"The bottom line is simple: Employers have the right to protect their businesses, but not at the expense of their former employees' dignity, privacy, and reputation," del Rosario said.