quincy
Senior Member
What is the name of your state (only U.S. law)? New Mexico
You deleted your thread. Not cool.
Under discussion were defamation laws and privacy laws in a New Mexico workplace.
Comments made by an employee to an employer about the actions of a coworker in the workplace are (generally) considered privileged and cannot support a defamation claim. The privilege is a "qualified" one, however, in that it can be defeated with a showing of actual malice (knowledge of falsity, intent to harm).
On the other hand, comments made by an employee to coworkers (gossip, rumors) are not privileged and, if what is communicated is false (not provably true) and harms the subject's reputation, a defamation action can result. Truth can be a defense to a claim of defamation.
If what is communicated is confidential information, an invasion of privacy suit can result. There is no "truth" defense available if sued for invasion of privacy.
Health records can be subpoenaed for use in a legal action.
A new-member poster named "anonymous23" provided you with some inaccurate and potentially harmful advice. If you read it before you deleted your thread, I strongly advise against considering his advice. It can make you unemployable.
As I said in your now-deleted thread, you can be fired for discussing another employee's health issues with coworkers. I suggest, as I did before, that you start looking for another job. Although you might not be fired, there is also a good chance you will be.
You deleted your thread. Not cool.
Under discussion were defamation laws and privacy laws in a New Mexico workplace.
Comments made by an employee to an employer about the actions of a coworker in the workplace are (generally) considered privileged and cannot support a defamation claim. The privilege is a "qualified" one, however, in that it can be defeated with a showing of actual malice (knowledge of falsity, intent to harm).
On the other hand, comments made by an employee to coworkers (gossip, rumors) are not privileged and, if what is communicated is false (not provably true) and harms the subject's reputation, a defamation action can result. Truth can be a defense to a claim of defamation.
If what is communicated is confidential information, an invasion of privacy suit can result. There is no "truth" defense available if sued for invasion of privacy.
Health records can be subpoenaed for use in a legal action.
A new-member poster named "anonymous23" provided you with some inaccurate and potentially harmful advice. If you read it before you deleted your thread, I strongly advise against considering his advice. It can make you unemployable.
As I said in your now-deleted thread, you can be fired for discussing another employee's health issues with coworkers. I suggest, as I did before, that you start looking for another job. Although you might not be fired, there is also a good chance you will be.
Last edited: