Were my rights violated?

firefitter171

i would think so.

that_guy

Maybe. The simple fact is that whether your manager was wrong or not, It is a frivolous lawsuit. Will the lawsuit in some way repair the damage (if any) that has been done, or are you just suing for revenge? In this case the only outcome will be you allowing a jury or a judge to put an arbitrary price on your privacy.

Mel

Well, kind of. The Health Insurance Portability and Accountability Act (HIPAA) has to do with the release of protected health information (PHI.) however, HIPAA really pertains to companies who have access to PHI, such as insurers, medical offices, third-party medical billing services, rehab centers, etc. Most companies are not subject to HIPAA.

That being said, it's certainly not a good idea for management to share an employee's confidential health issues with all and sundry. It's a terrible management practice, and it could lead to a discrimination claim if, for example, you were subsequently denied a promotion on the basis of your stint in rehab or the anticipation that you'd fall off the wagon at some point. You also have protection under the Americans with Disabilities Act (ADA), since addiction is considered a protected disability and the company must give you one opportunity to take a leave and get clean before proceeding to termination. So if you suffered a material employment loss because your PHI was shared or because you were not offered the appropriate leave time, you'd have a claim.

Hope this makes sense - the laws are really convoluted around this. Feel free to e-mail with additional questions, and good luck with your recovery.

bobb_cobb

Yes, they were violated. Management is not allowed to disclose any personal information to anyone.

I would talk to a lawyer and see if they can build a case. If they can you will most likely be awarded a settlement.

Expert Realtor

Yes. No question about it.

Being in rehabilitation (and I'm assuming it was for drug or alcohol abuse), is actually a protected class and falls under the Americans with Disabilities act. Employers must treat it as a short-term disability and part of this is keeping the information private.

It's not the same thing if an employee shows up under the influence.

The corporate attorney is kissing your bee-hind because he knows they REALLY messed up.

Blue October

yes - it was the HIPPA laws that were violated.
HIPPA is a federal law (health information and privacy protection act).
No discussions regarding medical / dental / mental / drug etc are to take place (not even in an employee setting). this law was enacted for the protection of the employees.

it is nice that the lawyer apoligized...but now you know why. you didn't sign a waiver on this did you?
if you didn't - then you have a really good case. call your local attorney referral service and ask for an attorney that deals with HIPPA violations.

good luck---hope you get $$$
good luck :)

kevsbabe

yes they were and you can sue them for salnder because a boss or employe is not sopposed to give out any info on you unless you told them the could or it put the company in jepordy

swenjj

you may have a case, but come on, you are an adult-i am so sick of everyone sueing everyone for everything that hurts their feelings, the guy was fired so at least dont take it out on the company, he is gone, let him deal with no job and move on

niccilicci

Damn right they were!!

It was unethical and unmoral to do something such as that - sue their butts!!!!!

Despite the manager now being terminated, the company still hold vicarious responsibility for his actions whilst he was in their employment - thus you can hold them accountable and sue!!!

Don't bother suing your ex manager - his pockets wont be as deep as your employers.

This sort of thing can change peoples views of you and make them treat you differently. It could make them feel uncomfortable, unsafe and unsure around you and can make you feel the same around them. It must have been extremely embarrassing for you to have something so personal publicly announced - I would be furious and they clearly agree, else they would not have apologised - ask for the apology in writing as this can be used as written evidence of their admittance to the 'wrong doing' (which is probably why they apologised verbally - lawyers are sneaky b*stards!!!)

At the very least seek some legal advice.

Eric G

Yes you do have a case. It works in your favor because their is obviously documentation that he did tell other employees about you being in rehab.

Dr 8'lls

Maybe, but he's not legally liable because you can only slander someone, if what you are saying is a lie.
Ok, never mind.

Heres the rule
The disclosure via some publication of private facts even if true. This refers to information that goes beyond what is necessary to tell the facts. In privacy claims, the â€œpublicationâ€ required to show a cause of action is generally deemed to be more widespread than that required for defamation claims since the gist of the claim is akin to a public embarrassment. Thus, the facts so disclosed must be sufficiently private and unrelated to the matters otherwise disclosed that the disclosure becomes offensive to the ordinary person.

To seek monetary reward however, you will have to document how this 'unnecessary truth' caused you to lose money.

qst2sin4eva

did u put that info. down where everyone can have access to it? employment application? bc if u did, he didn't violate any law, however, if the info. wasn't public and it made u uncomfortable and distressed while at work, u could've spoken to the HR department and have them deal w/ him.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: