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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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Upon returning to work last night after a week medical

Customer Question

Upon returning to work last night after a week long medical excuse, a coworker asked me why I went to the Dr. I had decided to see. The only person that was privy to this information was my salaried manager and even then, the Drs name was only on the letterhead and not discussed. While obviously unethical was this breach of confidentiality illegal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 1 year ago.

You may want to read this law review article to verify what I am telling you is true. I did a diligent search of FL law and did not find a specific statute that speaks to an employer's duty to keep an employee's medical information confidential. Since there is no statute [unlike in CT], you will have to rely on the common law of privacy right to make this actionable.

In Florida, the elements of a publication of private facts claim are: (1) the publication; (2) of private facts; (3) that are offensive; and (4) are not of public concern. Cape Publ’n, Inc. v. Hitchner, 549 So. 2d 1374, 1377 (Fla. 1989). So, if you can prove these elements, then you may have a claim against your employer.

Customer: replied 1 year ago.
Thank you
Expert:  Maverick replied 1 year ago.

Your welcome.