Employee Rights/Privacy Violation

[Reincarnated]

What is the name of your state (only U.S. law)? Michigan

When I exercised my employee right under FMLA, my boss, a director, forwarded a personal and confidential email that I sent to her. I clearly wrote on the email "personal and confidential." The email detailed my medical condition and illness. The director forwarded my email to a co-worker was recently given a new position called "human resources liaison", which is not a legitimate job title under job specifications for state employees. That co-worker's previous job title was departmental analyst. I worked at a distance with this co-worker and never shared personal information about my health with her. How in the heck could a director give my co-worker authority to read an email detailing my personal medical issues? I feel violated and wish to pursue a claim for it. Who should I file a claim with? Co-workers do not have a right to know other employees medical illnesses or conditions just because they have titles such as "human resources liaison." Thanks for any advice.

 

[cbg]

Actually, they do.

 

[Reincarnated]

Human Resources Liaison Co-workers

Oh they do, do they? Well, I would be more inclined to consider your comment if you had replied with more of an explanation as to why co-workers, with such titles as "human resources liaison", are authorized or entitled to know personal health information about other employees. Therefore, I can not believe that you are correct giving a three word response. Wait until you have a serious health condition and your co-worker is assigned to act as a human resources liaison. Wait until he or she finds out that you suffer from AIDS or chronic bleeding hemmorhoids. Then you'll feel a privacy violation, buddy. Any other commenters on this important issue of privacy of medical illnesses or conditions in the workplace please?

 

[cbg]

Just because you do not consider it a valid designation does not make it invalid. The fact of the matter is, the employer has the right to designate anyone he wants to, to have access to information. If this person has been designated as the appropriate person, then they are.

Do you have an actual statute or case law that says otherwise?

 

[ecmst12]

What tangible financial damages have you suffered? Because that is what you can sue for - and no more.

 

[eerelations]

Oh they do, do they?...Then you'll feel a privacy violation, buddy. Any other commenters on this important issue of privacy of medical illnesses or conditions in the workplace please?

Okay buddy if you were looking for accurate information, here it is:

• Your boss did not break any laws by forwarding your email on to your coworker.
  
• Your boss would not have broken any laws if she'd forwarded your email on to the entire world.
  
• The fact that you wrote "confidential" on your email did not automatically make your boss legally bound to keep the contents of said email a secret.
  
• Your employer is legally allowed to create job titles as it pleases, and to bestow those job titles on anyone it pleases.

Again, this is accurate and true. If you don't like it (and I'm sure you don't, what you really wanted to hear was "Buddy you have a case! Sue the buggers! Win huge amounts of money!" however if I said that, I'd be lying), then take your issue to a local attorney and pay him/her to tell you exactly the same thing.

 

[Reincarnated]

Okay buddy if you were looking for accurate information, here it is:

• Your boss did not break any laws by forwarding your email on to your coworker.
  
• Your boss would not have broken any laws if she'd forwarded your email on to the entire world.
  
• The fact that you wrote "confidential" on your email did not automatically make your boss legally bound to keep the contents of said email a secret.
  
• Your employer is legally allowed to create job titles as it pleases, and to bestow those job titles on anyone it pleases.

Again, this is accurate and true. If you don't like it (and I'm sure you don't, what you really wanted to hear was "Buddy you have a case! Sue the buggers! Win huge amounts of money!" however if I said that, I'd be lying), then take your issue to a local attorney and pay him/her to tell you exactly the same thing.

No, pal, once again you're WRONG. I am hardly seeking to get rich quick off privacy violations committed by employees in management positions. What I am seeking to stop them from showing my co-workers my private medical information. You obviously will not care if your co-workers know that you required a kidney transplant after contracting herpes. Yeah, it's all right if your boss sends your detailed email concerning your medical information to your human resources liaison, who is a co-worker at the same worksite as you. Good thing advice on this issue can be taken as a joke. In order to get laws created, cases must be filed to contest inappropriate behavior or nothing can be done about it. All lawsuits do not seek money damages, just injunctions to stop unacceptable actions taken by employers against employees. (DUH)

 

[pattytx]

YOU were the one who told the other person the details of your illness/condition. This is NOT HIPAA-protected information.

 

[xylene]

No, pal, once again you're WRONG. I am hardly seeking to get rich quick off privacy violations committed by employees in management positions. What I am seeking to stop them from showing my co-workers my private medical information. You obviously will not care if your co-workers know that you required a kidney transplant after contracting herpes. Yeah, it's all right if your boss sends your detailed email concerning your medical information to your human resources liaison, who is a co-worker at the same worksite as you. Good thing advice on this issue can be taken as a joke. In order to get laws created, cases must be filed to contest inappropriate behavior or nothing can be done about it. All lawsuits do not seek money damages, just injunctions to stop unacceptable actions taken by employers against employees. (DUH)

You are NOT going to get an injunction against the company for the boss telling a human resource liason, even if you know or work with/for that person.

You have no damages.

I am sorry the FMLA process is causing you grief.

You do not have a right to absolute privacy - neither HIPPA or FMLA provide that.

 

[csi7]

Why did you send it email, anyways? Email is a matter of public record. If you want it kept private, you provide a written document on paper with confidential and for your eyes only on it. That provides a written base for the employer to handle it as they would other sensitive information. It is not protected information once it is on email unless it is sent encrypted with security locks. Even then, once the email is opened, it can be viewed by system administrators overseeing the program. However, a written document must be physically handled.

 

[eerelations]

One more time:

• Your boss did not break any laws by forwarding your email on to your coworker.
  
• Your boss would not have broken any laws if she'd forwarded your email on to the entire world.
  
• The fact that you wrote "confidential" on your email did not automatically make your boss legally bound to keep the contents of said email a secret.
  
• Your employer is legally allowed to create job titles as it pleases, and to bestow those job titles on anyone it pleases.

The above is accurate and correct. If you're so certain you're right and we're wrong, why on earth did you post here in the first place? Why don't you do as I suggested previously, i.e., hire an attorney to tell you this stuff?

As someone else here has accurately (and politely!) informed you, HIPPAA protections do not apply here. HIPPAA applies only to the release of medical information by healthcare professionals (and "medical information" does not include FMLA applications). Assuming that your boss isn't also your doctor (but if she is, please tell us as this would certainly alter our advice!), then HIPPAA hasn't been violated. Period.

Finally, let me say that I would not be using this tone in my responses to you had you not responded so rudely to my esteemed colleague when she - correctly and politely! - told you that what your boss did was perfectly legal. In other words, buddy - you started it!

 

[pattytx]

Why did you send it email, anyways? Email is a matter of public record. If you want it kept private, you provide a written document on paper with confidential and for your eyes only on it. That provides a written base for the employer to handle it as they would other sensitive information. It is not protected information once it is on email unless it is sent encrypted with security locks. Even then, once the email is opened, it can be viewed by system administrators overseeing the program. However, a written document must be physically handled.

It's not legally protected information just because it's written, either.

 

[Reincarnated]

Why did you send it email, anyways? Email is a matter of public record. If you want it kept private, you provide a written document on paper with confidential and for your eyes only on it. That provides a written base for the employer to handle it as they would other sensitive information. It is not protected information once it is on email unless it is sent encrypted with security locks. Even then, once the email is opened, it can be viewed by system administrators overseeing the program. However, a written document must be physically handled.

Thanks. I will never send personal information via email again.

 

[Reincarnated]

YOU were the one who told the other person the details of your illness/condition. This is NOT HIPAA-protected information.

Under FMLA, a person is required to explain in detail. I guess I'm just flat out of luck under a new world order where we're losing the right to privacy.

 

[ecmst12]

YOU don't have to explain anything. Your DOCTOR has to certify the need for the leave.