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Is There A Case Here??

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chushy1

Guest
a friend of mine was given the choice to quit or be fired.....a fellow employee told the management that he was using drugs.....when called into boss's office he admitted to use of drugs.....they told him to go home and they would call....note here: he is 19 almost 20 years old......he requested they call him on his cell phone.....he didnt receive a call.....BUT his mother who is close personal friends with the owner WAS called and told about the whole situation......then he received a letter stating that since he didnt quit, he was fired for cause.......i am not disputing that he couldnt be fired for the drug use.....but is the contacting of his mother legal??doesn't it violate some type of privacy issue??....please let me know if there is anything worng with this whole scenario......

thank you
 


JETX

Senior Member
Morally and ethically wrong for an employer to call an employees mother... probably. Legally wrong... no. There is no legal right to privacy in this case.

Also, who's to say that this wasn't one friend calling another " close personal" friend about his/her reported problem with drugs. Done all the time.

No case.
 
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chushy1

Guest
Thanks for the reply

thanks for replying........i am checking on the privacy policy of the company when he was hired........even if it was a friend calling a friend.....shouldn't the status of employer be observed??.....i am kind of dismayed at the reply though.......because his right to privacy was violated.....just not sure if that is a legal issue......but thank you and i hope anyone else out there who might have an opinion will post it


Thanks again!!
 

JETX

Senior Member
I just did a little more research (and noticing that you are in the 'personal freedumb' state), I find that my earlier post is in error. California does in fact have specific provisions to protect an employee from disclosure.

Here is what I found:
"WHAT REMEDIES DO I HAVE IF SOMEONE ILLEGALLY OBTAINS OR DISCLOSES MY MEDICAL RECORDS?

Anyone who illegally obtains or discloses your medical information that causes you economic loss or personal injury may be guilty of a misdemeanor under California law.

You may also bring an action against any person or entity that negligently releases confidential information or records in violation of California law for:
- Nominal damages of one thousand dollars ($1,000). (Damages awarded when you are unable to prove that the violation caused you monetary loss)
- Actual damages sustained by you.

The Attorney General, any district attorney, city attorney, or city prosecutor may bring an action in the name of the people of California to recover a civil penalty. Licensing agencies or certifying boards may impose an administrative fine against individuals or entities that illegally obtain or disclose your medical record information."
Source: http://www.calpatientguide.org/iii.html

The applicable California statute is Civil Code §56.20 which can be reviewed at:
http://caselaw.lp.findlaw.com/cacodes/civ/56.20-56.245.html
 
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C

chushy1

Guest
Thank You Again!!

Thank you again.....i am going to contact a labor law attorney here and have him check into it.......your help and responses are greatly appreciated.......i will post what the attorney says so that this might help someone in a similiar situation.....


Thanks Again
 

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