[55Pipewrench]

I work in Pennsylvania. I called my employer after work to tell him that I needed to take some time off to seek professional help for alcohol abuse. I said he understood and to do whatever I need to do. He was the only person I told. I went to a rehab and was released after 3 days due to lack of insurance coverage. The coverage is through my wife's employer, not mine. I have since started attending AA and am doing well. I called him to check on the status of my job. He said he liked me, thought I was a nice guy, but "You can't work here anymore." I worked there for 2 years. Have had no formal performance reveiws. Just positive verbal comments. I told him I understood that it was a business decision and thanked him for all he had done for me. I received a call 2 days later from a friend that went to a supply house and had a salesman asked him if he had heard that I had lost my job because I went to a rehab. That salesman was told that fact by a salesman that is employed by my former company. Apparently the owner has told employees of my situation. This will no doubt spread throughout my local industry. I did sign a non-compete agreement not to work for a competitor within 50 miles of my former employer for a period of 2 years after my last day of employment. Do I have any legal recourse? I feel my privacy was unjusted violated. Thanks for any help.

[wynelle]

There are a couple of different issues here.

First- your job. It is possible that your job is protected under the ADA- since alcoholism is a listed disability. But just telling your boss you wanted time off without following all the necessary required steps might negate that.

HIPAA violation- can you prove that no one else knows that you went to three days of rehab?

More importantly- are you sure that no one else knew you had a drinking problem? No one at work ever saw you "worse for wear?" or smelling of alcohol? Or a pattern of leaving early on Friday and/or calling out on Mondays? No one saw you drinking to excess in a public place? Or drinking at work?

You didn't mention what you did for a living, but there are some occupations where individuals who are alcoholic (recovering or not) or addicted to drugs can't work.

I think you would have a difficult time proving a HIPAA violation. And it is only defamation if it isn't true- since you have said you have a drinking problem, it isn't defamation if someone else says it. Sorry.

[55Pipewrench]

My friend is willing to testify that he was told by the supply house salesman. That salesman could be supeonaed to testify that he was told by my ex-employers salesman and in turn back to the owner. The owner seems to want to make a deal with me, which makes me feel that he wants this to go away. I told him that I was going contact an attorney. I owe him about $4000.00 for schools he sent me to. I signed an agreement that I would repay him if I left my job before 2 yrs. After the school. My last pay check isn't enough to cover this. And I don't have that money. He said he'd have his attorney draw up a "general release". I don't owe him anything, he won't fight unemployment and the non-compete is null and void.

[55Pipewrench]

My friend is willing to testify that he was told by the supply house salesman, that salesman could be supeonaed to testify that he was told by the owner's salesman and in turn back to the owner. I feel he wants this to go away. He stated that if I sign a "general release" draw by his attorney, I won't have to pay him back for the schooling he sent me to, I signed an agreement prior to the schooling, he won't fight my unemployment claim and the non-compete will be null and void. I forfit my last paycheck to him. This guy is a snake. I think he's afraid I'll take him to court. That would cause him a lot of hassle, lawyer's fees and possible fines. I might receive monies for damages. Why's he playing so nice all of a sudden?

[ScottGem]

First there is no HIPPA violation. If the rehab center or your wife's medical insurer has released the info, you would have one. But you voluntarily told your boss and he is NOT bound by HIPPA since he was not a health professional providing you with care.

I think he wants to make it go away because he feels bad, not because he feels liable. As far as I can see you don't have a case against him. Maybe he was indiscreet but he didn't lie about anything. So I don't see a case against him. Take what he is offering.

[55Pipewrench]

Thanks for the advice Scott. You may very well be right. I'm going to run this by an attorney before I sign this release.

[shygrneyzs]

If it costs you your last paycheck but he will not fight your unemployment claim and will not go after you for the $4000.00 for schooling and he will not enforce the no compete clause, what have you go to lose on this? Make sure you have it all written down before you agree, have your attorney review it, and sign if it truly will be that way. I think you would be ahead of the game then.

Congratulations on the therapy and the follow up AA. I do feel your privacy was dishonored by a range of people. Always easy to say, "see you in court" but hard to prove it once you get there. Not that I do not think you would havea good case, but just how far can you go with this? That would be a good question for your attorney.

Good luck.

[ScottGem]

Yes, definitely have an atty review it. But I believe he will concur with my advice. I am 100% positive HIPPA does not enter into it. If you look up HIPPA its constrains healthcare professionals from revealing information about you garnered during treatment of some health issue. Since your former boss was not a healthcare professional, nor did he come by the info as a result of treatment you received, there is no HIPPA violation.

Nor do I believe you have a defamation case since you volunteered the info to him. Unless you can prove that he spread that info with malice towards you and the intent to ruin you, you have no cause of action.