Libel case in workplace

[justalayman]

No one mentioned the printed email in the bin. It wasnt discussed by anyone including me, but i made a copy of it.

So nobody spoke of the email suggesting maybe nobody but you read it. Maybe whomever put it in the bin knew they didn’t have anything waiting for them on the printer and simply placed everything there

Or maybe they read to whom it was addressed and realized it was none of their business and placed it in the bin

It really doesn’t matter though. We know you read an email that was not intended for you and copied same.

You may have given the boss adequate cause to fire you. Your fears may be realized and while if they had fired you for the other issues it might have been a problem, with this new development it would a perfectly legitimate reason to terminate you.

You need to also understand the fmla only protects medical absences from work (speaking of the non work related issues) for a max of 12 weeks in a rolling year. If you have missed considerable work for the other medical issues, the boss may be a bit predisposed to terminating you should you miss more than the allotted 12 weeks.

 

[Floydmay22]

You printed a copy of a communication that was between your employer and HR?

Yes, I made a copy of it

 

[Floydmay22]

I am not aware of anyone besides myself reading it, though it was in a area where anyone could. But not brought to my attention.

 

[Just Blue]

I am not aware of anyone besides myself reading it, though it was in a area where anyone could. But not brought to my attention.

I would fire you just for reading/coping an e-mail not intended for you.

 

[cbg]

Okay, let's cut to the chase.

OP, EXACTLY what law do your think your employer broke?

 

[quincy]

No one mentioned the printed email in the bin. It wasnt discussed by anyone including me, but i made a copy of it.

First, your employer is a fool if he regularly prints off private business email communications. Under privacy laws, an email could be considered a private communication if efforts are made to maintain its privacy.

By printing off the email and leaving it in an open bin where others can easily and legally access it and read it, your employer lost any privacy protection he might otherwise have claimed and he eventually could find himself sued if certain information is discussed in an email that should not be disclosed publicly.

An email open for others to read is much like a postcard. If not addressed to you it might be better not to read it but nothing prevents you from reading it.

Making a copy of the email, however, was a mistake on your part - even if this mistake might be useful if your employment is terminated. A connection would have to be made between your workers compensation claim and the termination.

You might want to see an attorney in your area if action is taken against you.

 

[Floydmay22]

Okay, let's cut to the chase.

OP, EXACTLY what law do your think your employer broke?

If you read the email, there are blatent lies about myself as well as a plan to have me fired for being out if work for 3 operations that i was covered for under FMLA as well as discussion of health issues that are under violation of HIPPA laws, defamation of character, slander to name a few.
This is a HR department that is suppose to be protecting my rights and one employee and my Supervisor are tearing my rights to shreds.
I am in one of the biggest unions in the state and work in perhaps the most liberal and Diverse university in the county. I am a person of color and this will not set right woth either the University heads or the community as well.
The email was blatently left for anyone to peruse. It us not the ownership of anyone if it was sent in error to a wrong person or openly printed for one to read.
I have a impeccable work record and the fact that i am getting old and not in great health presently is no reason for someone taking action over something that is beyond my control. You should not underestimate the power of someone when they are cornered for no reason, they fight back like i intend to do.

 

[cbg]

I notice that the OP doesn't specify what HR told the boss in response to this email. Perhaps he doesn't know - hopefully HR knows better that to print out their emails.

However, I would like to point out that the boss is entitled to his opinion. He is entitled to share that opinion with HR. It was stupid of him to print the email out where it could be seen, that's true. But it would be interesting to hear the boss's side of the story.

 

[Floydmay22]

First, your employer is a fool if he regularly prints off private business email communications. Under privacy laws, an email could be considered a private communication if efforts are made to maintain its privacy.

By printing off the email and leaving it in an open bin where others can easily and legally access it and read it, your employer lost any privacy protection he might otherwise have claimed and he eventually could find himself sued if certain information is discussed in an email that should not be disclosed publicly.

An email open for others to read is much like a postcard. If not addressed to you it might be better not to read it but nothing prevents you from reading it.

Making a copy of the email, however, was a mistake on your part - even if this mistake might be useful if your employment is terminated. A connection would have to be made between your workers compensation claim and the termination.

You might want to see an attorney in your area if action is taken against you.

I agree. This email will only be used as a last resort. I have obtained council and they stated once this email hit the printer its gloves off if they persue a false narrative

 

[cbg]

If you read the email, there are blatent lies about myself as well as a plan to have me fired for being out if work for 3 operations that i was covered for under FMLA as well as discussion of health issues that are under violation of HIPPA laws, defamation of character, slander to name a few.
This is a HR department that is suppose to be protecting my rights and one employee and my Supervisor are tearing my rights to shreds.
I am in one of the biggest unions in the state and work in perhaps the most liberal and Diverse university in the county. I am a person of color and this will not set right woth either the University heads or the community as well.
The email was blatently left for anyone to peruse. It us not the ownership of anyone if it was sent in error to a wrong person or openly printed for one to read.
I have a impeccable work record and the fact that i am getting old and not in great health presently is no reason for someone taking action over something that is beyond my control. You should not underestimate the power of someone when they are cornered for no reason, they fight back like i intend to do.

This reply was not here when I left my above post.

FMLA is not open ended. You can LEGALLY be fired if your FMLA runs out and you are not yet able to return to work.

You are mistaken if you believe that HIPAA means there can be no discussion of your health situation between HR and your boss. HIPAA does nothing of the kind.

So far, everything you have posted is what your boss said to HR. You said nothing about what HR said to your employer. And since so far nothing has happened to you, just how did HR fail to protect your rights?

I agree that your boss was abysmally stupid to print the email. But there is nothing to indicate that it was seen by anyone else. Not everyone reads papers that don't belong to them, even when they find them in a bin.

What action has anyone taken against you so far?

 

[Floydmay22]

I notice that the OP doesn't specify what HR told the boss in response to this email. Perhaps he doesn't know - hopefully HR knows better that to print out their emails.

However, I would like to point out that the boss is entitled to his opinion. He is entitled to share that opinion with HR. It was stupid of him to print the email out where it could be seen, that's true. But it would be interesting to hear the boss's side of the story.

It is no longer an opinion if he is lying. He has forced two other employees to leave and higher ups are starting to become suspicious of him

 

[cbg]

What did he lie about? What was the lie?

 

[quincy]

If you read the email, there are blatent lies about myself as well as a plan to have me fired for being out if work for 3 operations that i was covered for under FMLA as well as discussion of health issues that are under violation of HIPPA laws, defamation of character, slander to name a few.
This is a HR department that is suppose to be protecting my rights and one employee and my Supervisor are tearing my rights to shreds.
I am in one of the biggest unions in the state and work in perhaps the most liberal and Diverse university in the county. I am a person of color and this will not set right woth either the University heads or the community as well.
The email was blatently left for anyone to peruse. It us not the ownership of anyone if it was sent in error to a wrong person or openly printed for one to read.
I have a impeccable work record and the fact that i am getting old and not in great health presently is no reason for someone taking action over something that is beyond my control. You should not underestimate the power of someone when they are cornered for no reason, they fight back like i intend to do.

Copying the email is legally questionable, so your attorney should be the only one you show it to.

The email's content as first described was not clearly defamatory. It potentially could be depending on context and the exact words used.

But, even if defamatory, the email contents could potentially have been protected by privilege had your employer not printed it off and left it where others could read it.

So far you have not experienced any demonstrable harm and you have no damages to support a legal action. Because you now have your own attorney to discuss any adverse actions taken against you, I suggest you rely on his advice and direction.

Good luck.

 

[Floydmay22]

Yes. It was a blatant lie. Not even something tangible.
Someone asked about HR's response. Would saying " He is a black man and you know how difficult it would be to do something, haha" as unethical? Would you want that email sitting in a bin with your name one it?
Let me be frank. Ate you telling me that isnt a email you would not copy if you were me to cover myself.? It may be hard to understand how difficult it is to be the only one of color in a shop of 25 Electricians and caroenters but seeing that that sent me cak to the 60ies
Tell me you would not make that copy? Put yourself out of legal ramifications and into my head for just a second

 

[Floydmay22]

Yes. It was a blatant lie. Not even something tangible.
Someone asked about HR's response. Would saying " He is a black man and you know how difficult it would be to do something, haha" as unethical? Would you want that email sitting in a bin with your name one it?
Let me be frank. Ate you telling me that isnt a email you would not copy if you were me to cover myself.? It may be hard to understand how difficult it is to be the only one of color in a shop of 25 Electricians and caroenters but seeing that that sent me cak to the 60ies
Tell me you would not make that copy? Put yourself out of legal ramifications and into my head for just a second

Sorry for the spelling errors. Im on my phone now