[mchachas]

As part of an in-house investigation into a retaliation claim I made against my former mgr in July (laid off in August), corp counsel conducting the investigation asked the reason I took a medical LOA in January. Is this legal to ask as part of an investigation into claims I made against a mgr?

[smoothy]

What right to privacy are you referring to? There has to be a right enumerated in law someplace before a violation can occur. (assuming USA)

It would also be helpful if you could give a state and country as well... as laws vary.

[mchachas]

Thank you for your response. I was employed in Georgia/USA. Took a medical leave under FMLA/STD in January of this year. As part of an internal investigation into claims I made against my manager, the corp in-house attorney asked the medical reason I took the LOA which was very personal due to nature of the medical issues. At the time, was not comfortable with the question but answered it and recently was told I was not required to disclose private medical information to my employer. The nature of illness was such that it could have actually been used adversely against me if, for instance, it supported claims I had made against my manager or even could have been used to say I was a liability to the company, that type of thing. I hope this helps and really appreciate you taking the time to respond/ask. I tried to find answers but the amount of information is voluminous and so many variables/exceptions is overwhelming. Thank you.

[smoothy]

Actually with FMLA you do have do disclose the nature of the reason... as it has to meet requirements. My wife went through this earlier this year. But only the part associated with the leave... but no they won't have the right to any unrelated medical information.

Do you have a lawyer representing you at this time? I ask because this is a minefield even with a lawyer. As you know they already have their lawyer working on their behalf.

Also were you in a Union.. or did you have any form of an employment contract... or simply an AT-WILL employee?

[ScottGem]

First, as smoothy noted, you have almost no workplace privacy. Second, There is no law that says the counsel cannot ask. There may, however, be a law against him compelling you to answer. But from what you said, that isn't what happened. Did the counsel make any threats, veiled or otherwise, that made you feel compelled to answer?

Also, if the counsel did overstep any bounds, what would you want to do about it?

[mchachas]

No threats. Asked during 2-hr session and barraged with questions by counsel. Wasn't comfortable with question but compelled to answer because I thought legitimate part of investigation and didn't have time to process implications, cleverly asked in middle of rapid-fire questioning. At time, under assumption fair investigation being conducted but turns out was one-sided fact finding mission and subsequent attempts to cover up everything gleaned even going so far as to create brand new jobs to promote the mgr's witnesses two days after investigation closed. I was laid off less than a week later.

Bounds definitely overstepped at multiple levels relating to this and other claims. If I have recourse, legal or otherwise, would like to take some sort of action depending on options. This is public company and pervasive pattern of wreckless and irresponsible behavior/mgmt creates potential liability putting company and every stockholder at risk but is all swept under carpet and people laid off without chance for job transfer or re-hire.

Thank you for your response.

[AK lawyer]

... As part of an internal investigation into claims I made against my manager, ... it could have actually been used adversely against me if, for instance, it supported claims I had made against my manager ...

If the reason for your medical leave related to the clams you made against the manager, the information would seem to be pertient to the investigation and therefore the corporate counsel was warranted in asking for the information, it seems to me.

[ScottGem]

Either way I don't see any legal recourse over this. He had the right to ask, you had the right to decline to answer. The only recourse I might see is if the info was used against you.