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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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There is a new receptionist at my work. She released personal

Customer Question

There is a new receptionist at my work. She released personal information about my schedule to my sons mom without my knowledge or consent on her personal cell phone. Is that illegal? Can she be fired? And if she is not fired do I have grounds to sue? I live in Missouri.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

Did you ever formally tell this receptionist to not speak to your ex or provide such information to third parties? Have you contacted your employer about this? Is she 'your' receptionist or is she the company's receptionist?
Customer: replied 3 years ago.

i have not told her formally not to. i just contacted my employer about it and she is the companies receptionist

Expert:  Dimitry K., Esq. replied 3 years ago.

Alex,

Typically your work schedule is not privileged or protected. If a third party contacts the workplace about your work schedule, they can choose to disclose it for that reason. If there is something you do not wish to disclose, and I absolutely agree with you that such disclosures here are out of line, inform the receptionist of what she can say and what she cannot say, and to whom she can say it to. That, by itself, is not a violation but it is highly unprofessional. You can ask the employer to investigate and ask that they pursue disciplinary action as they see fit. You cannot force the employer to fire her, but you can bring it up to them and ask them to pursue. I do not quite see this as a situation where you can claim or pursue direct damages, but you can get the employer involved on your behalf. I am not seeing this as a suit against the employer if they refuse to terminate her.

Good luck.

Customer: replied 3 years ago.

the third party did not contact the workplace the receptionist is friends with the third party and the information released on a personal call

Expert:  Dimitry K., Esq. replied 3 years ago.

Alex,

Thank you for your follow-up. This is still extremely unprofessional but as the information is not protected and not in any way deemed confidential, it is not directly a violation of any law. You can have your employer speak to her and tell her that she is forbidden to discuss your personal schedule with anyone else without your express consent, but it is still not a violation that would give rise to a lawsuit. Please understand that I empathize with you as this is not a 'fair' answer to you, but it is correct under the law.

Good luck.

Customer: replied 3 years ago.

does it change with the fact that i am a medical professional working in a place where hippa is enforced?

Expert:  Dimitry K., Esq. replied 3 years ago.

Alex,

This isn't a HIPAA based question--the information was not medical in nature and therefore it is not protected under HIPAA. If she provided your ex with your medical appointments, for example, then it would be a potential violation, but simply providing her with your schedule is not something that would be pursued in this instance.


Hope that clarifies.