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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19168
Experience:  Employment/Labor Law Litigation
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Can my boss send my sick email to the rest of the office? I

Customer Question

Can my boss send my sick email to the rest of the office? I have some personal info in the email in regards ***** ***** wrong with me currently. It's kind of personal.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The email itself is not protected by HIPAA, as it is not an actual medical record, so there is no specific law that disallows the forwarding of the email exactly. What would matter here is the employer's motivation for doing so. If it was intended as a means of discrimination or harassment, then perhaps a claim could be made to the EEOC based on discrimination but just the email alone isn't enough to support a claim. You'd need some follow on harassment caused by the sending of the email.

While I certainly caution my employers in the forwarding of emails, just to maintain a harmonious workplace, there is not a claim that can be made solely based on these facts.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.