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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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a supervisor left an email onscreen in a common site. the

Resolved Question:

a supervisor left an email onscreen in a common site. the email contained slanderous comments about 3 employees. another employee accidently read the email and told one of the employees mentioned in the email.

2 questions. 1 can the employee who read the email and told the employee mentioned be fired for a hippa violation? 2 can the employees mentioned in the slanderous e mail sue the author of that email?
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

HIPAA would not give you a remedy since they are all part of the same company and the information was not disclosed outside of the company.

BizAttorney :

Slander has a few elements that need to be met in order to be actionable. They are:

BizAttorney :

Someone must represent something false as a fact, knowing it is false, to a third person, which causes damage to you.

BizAttorney :

Unless there are other facts that you haven't stated, a judge is not going to punish someone for slander that did not purposely tell/spread the information to another party.

BizAttorney :

The judge must also determine if what was on the screen was true or false. Someone cannot be held liable for slander by telling the truth.

BizAttorney :

Was the information true?

Customer:

no

BizAttorney :

Ok, that is a start then and may be actionable. If you can show the person did it on purpose and knew the information was false, then you could win a suit.

BizAttorney :

You will have to show the person basically had a plan to spread the lies and that those lies hurt the person.

BizAttorney :

Does that make sense?

Customer:

yes

BizAttorney :

Great, did you have any other questions tonight?

Customer:

not really thank you

BizAttorney :

You are very welcome! Have a great night and please accept so that I can continue to help others.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
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