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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4865
Experience:  Extensive experience representing employees and management
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I have been accused of accessing an employees personal medical

Resolved Question:

I have been accused of accessing an employees personal medical record outside of the office workplace and commenting on the confidential prescribed treatment. This is not even possible for me to do. How do I protect myself from this false accusation?
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Joseph replied 8 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information before I can provide you with a complete and accurate answer to your question.

Can you please tell me who has made this accusation against you?

Also, have you suffered any economic damages from the false accusation?
Customer: replied 8 months ago.
Relist: Incomplete answer.
I never received an answer after I replied to his follow up question.
Expert:  Joseph replied 8 months ago.
Unfortunately, I never received any follow-up question from you, Jessica.

The website occasionally has these difficulties, and they are outside of my control. Could you please resend it?


Expert:  Joseph replied 8 months ago.
Hello Jessica,

I will be happy to respond further after I receive your reply to the follow-up questions. In the meantime, see my answer to your original inquiry below.


If this false statement of fact about you (that you accessed another employee’s medical information while not at work) was mentioned to anyone other than you (published to a third party) then you can sue the person who stated it for defamation.

You would have a complete cause of action for defamation because the statement was false, damaged your reputation, and was made to a third party (again, anyone other than you). Additionally, you can send a cease and desist letter to your accuser, stating that any future false accusations against you will result in legal action against them.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 8 months ago.

My boss has not let me know who wrote these accusations. Am I able to tell him that I have the right to know who it is because I do have a case against them?

Expert:  Joseph replied 8 months ago.
You can force your employer to disclose who wrote these accusations against you, but you may have to do so through a subpoena if your employer is unwilling to give you that information when you request it from your employer.

In order to get the information from a subpoena, you would have to file a suit against a DOE (an unknown party, the one who made the false allegation about you) and then subpoena your boss to provide you with the identity of the person who falsely made this accusation about you.

Joseph, Lawyer
Satisfied Customers: 4865
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 8 months ago.
Hello Jessica,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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