Can my boss share personal information about me with other employees or can he ask me for detailed information on my medical condition?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my boss share personal information about me with other employees or can he ask me for detailed information on my medical condition?

My boss shares information about my unemployment benefits with other employees and when I turned in my medical restrictions he made me feel like I had to tell him what all was wrong with me and how it affects me. Then he shared all of that with my co-workers along with other things. I’m not sure what to do?

Asked on March 1, 2011 under Employment Labor Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could file a lawsuit for invasion of privacy against the boss.  Invasion of privacy in this case is the public disclosure of private facts which occurred when he disclosed information about your unemployment benefits and medical records to other employees.

Your lawsuit for invasion of privacy could also include a separate cause of action (claim) for negligent infliction of emotional distress.  Negligence is based on the exercise of due care (that degree of care that in this case a reasonable employer would exercise under the same or similar circumstances to prevent foreseeable harm by maintaining the confidentiality of your medical and unemployment information).  Your boss had a duty to maintain the confidentiality of your unemployment and medical information as a reasonable employer would have done.  A breach of that duty occurred when the information was disclosed to other employees.  In addition to breach of the duty of care, you will need to prove actual cause and proximate cause to support your claim for negligent infliction of emotional distress.  Actual cause means but for the disclosure of your medical and unemployment information, would you have suffered emotional distress?  If the answer is no, actual cause has been established.  Proximate cause means were there any unforeseeable intervening acts which would relieve your boss of liability?  If the answer is no, you have established proximate cause.  Your lawsuit should name the boss as a defendant and also the company.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption