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  1. #1
    Join Date
    Jun 2008
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    2

    Default Sharing Privileged Information With A Friend At Work

    My question involves labor and employment law for the state of: MO.

    My husband has had to use a lot of FMLA time in the past 6 months. I have a family member who is friends with one of his coworkers. This co worker is actually a few levels above him and is sharing personsl info with regard to his FMLA time off and sensitive info about doing an investigation on him to try and remove him from his position. My family member is telling me what they are being told, but not necessarily to help my husband.

    Does he have any recourse if what my family member is telling us is true?

    Thank you in advance.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Sharing Privileged Info With A Friend At Work

    Information an employer receives via FMLA or workers compensation is not covered under HIPAA privacy laws or any other confidentiality laws. Information due to an ADA-covered disability is confidential based on confidentiality sections that were written into the ADA law. So unless the FMLA timeoff has to do with an ADA-covered disability, the employer is not required to keep that information confidential. Best business practices are usually on a "need to know" basis.

    As for the investigation, it would depend on what it is about. Why is he being investigated? Again, employers are not required to keep investigations confidential and often can't due to who they have to talk with to proceed with the investigation. If a complaint was made and the employer did not investigate, their liability goes up should the complaintant go to an outside source like the EEOC or DOL.

    Last but not least....he is hearing this third hand through a family member. It sounds like even you question the motives of this family member.

    All I can suggest is that your husband ask HR if there are any problems with his FMLA timeoff and whether any ongoing investigation is involving him.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Sharing Privileged Info With A Friend At Work

    Quote Quoting hr for me
    View Post
    (SNIP) As for the investigation, it would depend on what it is about. Why is he being investigated?(SNIP)
    As a corrections officer, he is not allowed to give personal information or gifts to offenders. There is an allegation that he has given both to offenders.

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