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A company terminates an employee based on what it believes to be a record of the actions of person gained from log files.

Months later the company finds out that this information is not correct.

What actions should the company take? Thinking employment law, GDPR obligations and ethics.

  • Except for the ethics part, it should check with a lawyer and follow his advice. For the ethics part, it should check the possible ethical actions (indemnity, hiring back the employee) with a lawyer to see what risks they have associated (what if you tell the employee about the mistake and that you are willing to hire him back, and the employee sues you for discrimination?) – SJuan76 Mar 12 at 9:35
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    Also, GDPR does not seem to come into play. – SJuan76 Mar 12 at 9:42
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    @SJuan76 "what if you tell the employee about the mistake and that you are willing to hire him back, and the employee sues you for discrimination?" Consequences that stem from record inaccuracies about an employee's acts hardly have anything to do with "discrimination". – Iñaki Viggers Mar 12 at 11:53
  • Thanks, but what about a company's obligation under GDPR to ensure that it process accurate personal information relating the employee? – SSSS Mar 13 at 11:01

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