How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5749
Experience:  20 years professional experience
Type Your Employment Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

Upon returning to work last night after a week medical

Customer Question

Upon returning to work last night after a week long medical excuse, a coworker asked me why I went to the Dr. I had decided to see. The only person that was privy to this information was my salaried manager and even then, the Drs name was only on the letterhead and not discussed. While obviously unethical was this breach of confidentiality illegal?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

Please note: (1) If you want legal advice, you must consult with a local attorney before acting or deciding not to act based on any information given here; and (2) I answer most questions within the hour. However, if I am not signed on, please allow up to 24 hours. By continuing, you confirm that you understand and agree to these terms and JA’s site disclaimers presented to you earlier. Finally, if you are not interested in premium services, please remember to assign a feedback rating to close out this question once it has been answered.

Answer will follow in the pane below in a short while….

Expert:  Maverick replied 3 months ago.

You may want to read this law review article to verify what I am telling you is true. I did a diligent search of FL law and did not find a specific statute that speaks to an employer's duty to keep an employee's medical information confidential. Since there is no statute [unlike in CT], you will have to rely on the common law of privacy right to make this actionable.

In Florida, the elements of a publication of private facts claim are: (1) the publication; (2) of private facts; (3) that are offensive; and (4) are not of public concern. Cape Publ’n, Inc. v. Hitchner, 549 So. 2d 1374, 1377 (Fla. 1989). So, if you can prove these elements, then you may have a claim against your employer.

Customer: replied 3 months ago.
Thank you
Expert:  Maverick replied 3 months ago.

Your welcome.