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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5735
Experience:  20 years professional experience
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On Friday July 29th I went to the hospital and found out I

Customer Question

On Friday July 29th I went to the hospital and found out I was sick I was on medicine that was dangerous for me to drive and work so someone at my job started posted stuff on facebook district manaager was contacted then the manager was posting stuff about how payback was a bitch now she has me working 4 3rd shifts straight I get no break and no help what should I do since nothing is happening
Submitted: 2 months ago.
Category: Employment Law
Expert:  Maverick replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Customer: replied 2 months ago.
Ok thank you
Expert:  Maverick replied 2 months ago.

In South Carolina, no law gives employees the right to time off to eat or the right to take short breaks during the work day. If the employer's policy is to allow breaks, then they must be enforced equally and cannot be discriminatory based on race, national origin, gender, etc. However, employers in South Carolina must follow the federal rules in that if they allow short breaks during the day, then the employers must pay employees for time they spend working and for short breaks during the day.

I know this is not the answer you wanted to hear; but I am assuming you want an honest and professional answer.

Customer: replied 2 months ago.
I get that but the stuff on facebook about my medical condition needs to be turn to who
Expert:  Maverick replied 2 months ago.

How did the person that put your medical information on facebook get access to that information?

Expert:  Maverick replied 2 months ago.

Was it your manager that posted your medical information on facebook?

Customer: replied 2 months ago.
Manager told them what was wrong
Expert:  Maverick replied 2 months ago.

Okay, did you then file a complaint about this with the district manager?

Customer: replied 2 months ago.
nothing is happened
Customer: replied 2 months ago.
Monday was when he was informed of everything including my medical record from the hosptial
Expert:  Maverick replied 2 months ago.

The basic legal principle that employers should follow is not to reveal medical information about you unless there is a legitimate business reason to do so. Let me see what your recourse is if this principle is not followed...

Customer: replied 2 months ago.
Are you asking for the pictures and paperwork
Expert:  Maverick replied 2 months ago.

First and foremost, you need to send a letter to the manager [and copy the district manager] asking the manager to cease and desist from further discussing or disseminating your personal medical information except unless there is a legitimate business reason to do so.

No, I do not want any of your pictures or paperwork. This is a public forum and you do not want to be seen as not protecting your own privacy.

More to come...

Expert:  Maverick replied 2 months ago.

In South Carolina, there are three separate and distinct causes of action for invasion of privacy: 1) wrongful appropriation of personality; 2) wrongful publicizing of private affairs; and 3) wrongful intrusion into private affairs. Swinton Creek Nursery v. Edisto Farm Credit, 334 S.C. 469, 514 S.E.2d 126 (1999).

So, you may want to sue or threaten to sue for this invasion of privacy tort if the conduct does not stop.

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