View Full Version : Did employer violate my privacy rights
jarren
Dec 2, 2011, 03:07 PM
I recently failed a drug test with my employer. After the company and myself were notified I was terminated. While talking with the company president of human resources I asked that this matter be kept confidential. The next day I received many calls and texts from former workmates. It was quite apperant the had all the details of my termination. I spoke to nobody about this matter. Does the company have the right to disclose this information with to others without my consent?
joypulv
Dec 2, 2011, 03:54 PM
You have no right to this kind of privacy unless it is specifically written into company policy.
A company has every right to tell other employees (and future references) why you were fired, especially when that reason was a direct result of your violation of the terms of your employment.
If any information was wrong, that would be a different situation (might be difficult to prove).
If they talked about private matters of your life outside of work or in the past such as when a background check was done, that would be different.
osiris1
Dec 20, 2011, 11:00 AM
Assuming you're in the US, generally you have a right to privacy where there is a reasonable expectation on it. There shouldn't be hidden cameras in locker rooms or bathrooms because you have a reasonable expectation to privacy there. Health information is protected, even in the workplace, by HIPAA. The employer shouldn't be telling people about the results of a drug screen, but I really doubt you have a case (especially if it's true).
joypulv
Dec 20, 2011, 12:05 PM
osiris1, very little health information is protected in the workplace by HIPAA.
That isn't even the question here.
To say 'The employer shouldn't be telling people about the results of a drug screen, but I really doubt you have a case (especially if it's true)' is not helpful or meaningful. If an employer 'shouldn't' be doing something then why doesn't this person have a case? There is no law that protects him, and if you can find one, please publish it here.