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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111585
Experience:  20+ Years of Employment Law Experience
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I work city school district, I was informed on yesterday by

Customer Question

hello, i work for the city school district, I was informed on yesterday by a coworker that her friend at another school had requested medical forms to be sent to her from Human resource, But she had received a page from my medical file. I was not made aware of this error by human resource or anyone else. This violates my confidentiality even though it was one page. I would like to know what do I do? I don't know if more pages of my file was sent to anyone else or not.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The employer has a duty to maintain privacy of employee personnel records pertaining to employee medical information. The release of such is an invasion of privacy and negligence. The issue is putting a value of damages on this release. The release of one page could subject the employer to paying you some damages, but putting a number on those damages would require you to show what harm you suffered. The first thing you do is put the employer on notice of their negligence and you can make a demand of them that they properly secure your file and for damages for the embarrassment and invasion of privacy. A case like this is worth perhaps $500, maybe $1500 at the most depending on what information was on there. Of course you do not have to insist on money damages you can insist they secure the file or turn over your records back to you since they cannot keep them secure.
Customer: replied 10 months ago.
The form had a check by my serious health condition..
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
I understand it had your health condition, the key a court would look at is the damage and embarrassment to you from the release and that is your burden to prove. So, the value of that claim would be around the $1000 - $2000 range, although we cannot put a specific number on it. If they do not wish to settle with you on this, it is something you can sue in small claims court over though, as it is a breach of their duty of confidentiality.

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