Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Employment & Labor Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 11-23-2014, 03:51 AM   #1 (permalink)
Junior Member
 
Join Date: Nov 2014
Posts: 2
Thumbs down Health Information "Left laying around"

I admitted myself into the ER at the end of august for substance abuse. Was placed on leave of absence and released to go back to work. Only 2 people in the store have access to that information and it was placed in the break room on a table where everyone sits. I was on vacation at the time. A few people have came up to me and asked me questions about the month I was gone and how the hospital/psych ward was. Very embarrassing that people I work with know this personal information. Some department managers have even laughed at me after I found this all out on return from vacation.

just wondering if anyone thinks i have a case and what are my first steps to take. im lost and havent been back to work in over a month on another leave

Last edited by runjre; 11-23-2014 at 09:04 AM.
runjre is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 11-26-2014, 02:27 PM   #2 (permalink)
Member
 
Join Date: Apr 2014
Location: San Jose, CA
Posts: 98
Health issue

Employers have a number of ways to obtain health information about you: either you volunteer the information when you call in sick or you tell other employees about your situation. However, the employer cannot share this information with other people in the workplace and can only use it for work related issues.

I do not think this would be a HIPAA violation since the employer did not disclose this information to other when he or she was not suppose to. The information was just leaked because you left it out. You may be able to file a harassment or discrimination if you are being harassed by your co-workers because of your disability or mental condition.


**This is not legal advice, I am not an attorney- Contact a licensed attorney if you want to pursue further legal action**
KouroshA is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 11-26-2014, 11:23 PM   #3 (permalink)
Junior Member
 
Join Date: Nov 2014
Posts: 2
Thank you but the information was faxed to the store manager. I have never seen my release papers. They needed them so I could come back from leave. The store manager is the only person who has access to this information and that makes them responsible for leaving my health information sitting out. Why it would be in the break room I have no idea.

Last edited by runjre; 11-26-2014 at 11:26 PM.
runjre is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 12-01-2014, 08:14 AM   #4 (permalink)
Senior Member
 
Join Date: Oct 2012
Posts: 326
I think you could have a case for negligent infliction of emotional distress, or negligence, but the damages will be hard to prove.

You might also have a good case for public disclosure of private facts, but the limitation will be determining whether this was a public disclosure.

I think was a breach of reasonable care to leave substance abuse records in a break room, but the damages will be hard to prove.

Here are some articles explaining the various causes of action explained above.

Negligent Infliction of Emotional Distress
http://www.legalmatch.com/law-librar...-employer.html

Negligence
http://www.legalmatch.com/law-librar...egligence.html

Invasion of Privacy
http://www.legalmatch.com/law-librar...f-privacy.html
rhinojd is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 06:02 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.