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My employer gives Birkman personality tests. When I first…

Customer Question
My employer gives Birkman...

My employer gives Birkman personality tests. When I first took it I was told it was shared between me and my boss the president of the company. At the time I took it I was upset with my boss and answered the questions firmly that I really felt so I would not be looked at as a week woman. Since than the HR Director has been sharing this with what she says are my peers. I am the controller of an accounting department and she is sharing with a Host and other entry level personnel some of whom I have to manage. I do not want me personality shared with everyone...especially something I took many years ago when not in a good place. What are your thoughts on this?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

By the way the president is the owner of the company and HR Director is his wife. I am in Wisconsin.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and Wisconsin is an at will state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have asked around and they are not doing this with others...for some reason the HR director is only sharing my information with everyone.

Submitted: 11 months ago.Category: Employment Law
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Answered in 6 minutes by:
9/15/2017
Employment Lawyer: Marsha411JD, Lawyer replied 11 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. If the form gathered personal information or it clearly stated the limited audience that it would be shared with, then if has been shared beyond that list, you may very well have an invasion of privacy cause of action against the employer. You might want to sit down with a local trial attorney (litigator who handles personal injury cases) who takes non-physical injury tort cases and discuss the full details of the test, any written or verbal representations before you took it of the purpose and scope of who it would be shared with, and what has happened since, to see if they think that in the local courts you would have a successful case of invasion of privacy.

Even if they do not think so, they might be able to either write a stong "cease and desist" letter to the employer or perhaps obtain an injunction to keep them from discussing your results any further.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with information relevant to your issue, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 11 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 15th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing orin the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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