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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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We are currently interrogated for a compliance issue (suspicious

Customer Question

We are currently interrogated for a compliance issue (suspicious of letting somebody do our e leaning lessons because we all answered it fast enough, it's all the same Q/A for years) at Kaiser Vallejo and nobody is supposed to be talking about it. Now we are hearing about the case from Kaiser Vacaville that 7 RN's will be fired from Kaiser Vallejo ICU and also the manager of the dept has talked to another management employee about it and the rumor came back to the ICU. It is getting us 7 nurses all stressed. They haven't made any decisions yet but we are already being sentenced at work and other hospitals. What can we do, do we have a case if we complain.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Are you and the other nurses a member of a union or are you at-will employees?

If you are at-will employees, do you believe that your employer is violating your rights as set out in an employee handbook or other document?
Customer: replied 1 year ago.


we have a union and actually represented by the labor rep during the interrogations but my question is are we being violated by leaking it outside of the meeting room and spreading like a wild fire?

Expert:  Joseph replied 1 year ago.
Hello Rose,

Thank you for the clarification. You may have a cause of action for your employer violating your and the other nurses' rights to privacy, under the California Constitution, but it would be a difficult case to prove.

In order to prove a violation of the right to privacy, you would first need to demonstrate that there was a reasonable expectation of privacy. In general, California courts have held that there is a substantially diminished expectation of privacy in the workplace, which gives employers the rights to do things such as drug test their employees as a condition of employment.

So, unless you were informed by the employer that all conversations in the meeting room would be kept confidential, you and the nurses would not have a successful cause of action for violating your privacy rights.

However, it would definitely be a good idea to file a grievance with your union regarding this conduct. Unfortunately, it seems that the damage has already been done by this information being linked, but filing a grievance could stop any potential future leaks from occurring.

I realize that some of the above information was not what you wanted to hear, and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question, as it would be unprofessional of me and unfair to you to provide you with anything less.

Since my goal is to provide you with the best service today, please don’t hesitate to ask me any follow up questions you may have.

If you don’t have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.

Hello Rose,

 

Thank you for your positive rating of my service!

 

Please contact me on JustAnswer should you have any further legal issues.

 

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

 

Thanks again and best of luck!

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