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Question

I am currently an OB/GYN senior resident and had sent my program director (who is also the department chairman) several emails regarding problems I had when on-call at the hospital the night before. The next morning I caught my residency director/chairman showing these personal emails to two of the attendings referenced in the personal emails with whom I have had problems! The 3 of them were reading the emails off of the chairmans blackberry and commenting on them aloud outside of the room where grand-rounds was being held. I walked up behind them en route to grand rounds and caught them in the act. I was appalled and said nothing. Clearly, what they did is morally unethical. What are my legal rights with regard to this matter?

Submitted: 126 days and 23 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Pennsylvania

Accepted Answer

Good Afternoon,

 

Thanks for choosing Just Answer.

 

It is clear that what was done is morally unethical, but whether there is a legal cause of action is a much tougher question. This could be the beginning of a hostile work environment type of case, but at this point there is probably not enough to bring legal action. The first step to take is to report or file a claim with the Human Resources department. In cases like this it is very important to make sure that you lodge formal complaints so that there is a record of what is going on. However, if you file a complaint, you should know that HR will likely talk to the program director and chairman about the complaint. If your work environment becomes hostile, or you start to feel that you are being retaliated against for filing an HR complaint, then you are to a point where legal action may be appropriate.

 

Your chairman is under no obligation to keep the emails private if they were sent from or to a work email account (unless there is a different policy in place). Also if they were regarding work, but sent to/from personal email accounts, those emails still won't be private in the workplace.

 

I hope this information has been helpful. Please let me know if you need further information.

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Expert: Legal Eagle
Pos. Feedback: 100.0 %
Accepts: 131
Answered: 11/12/2009

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I am a practicing attorney with experience in many fields

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