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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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Is it legal employer to ask a benefits supplier such as

Customer Question

Is it legal for an employer to ask a benefits supplier such as Great West Life for health information about an employee and to influence that supplier by telling them that the employee is doing well after being asked by GWL if the employee struggling and having difficulty with their work. Essentially insinuating that the employee is faking an illness when of course that was not the case?
This happening without the the employee's knowledge and only came to light via a PIPA request to the insurance provider.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

The employer can ask what he wants to ask. It is not unlawful but it may be grounds to quit and sue for constructive dismissal.

It is unlawful for the insurers to give out health information without your consent and if that happened you can file a complaint with the privacy commissioner.

If the employer lied and this caused you to lose your benefits so long as you can prove this you have a good case for suing the employer for damages and if that is the case then your best next step would be to consult with a lawyer face to face in your city.

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