Legal Question in Employment Law in California
wrongful termination
I have three questions all related to one another.
Can a contracted counseling service give personal information to an employer about an employee without the consent of the employee?
Can an employer fire and employee if a contracted counseling service reveal personal information about the employee, such as the employee is suicidal to him/her self and to others?
As a solution shouldn't the employer suggest employee to seek psychiatric treatment befor termination?????
1 Answer from Attorneys
Re: wrongful termination
Generally, it is illegal for any counselor to divulge any information to the company. There is one exception, however. If the mental health care provider reasonably believes that the individual poses an imminent threat of bodily harm to another person, the mental health care provider is obligated to notify the intended target of that fact. You mentioned that "the employee is suicidal to him/her self and to others." This seems to me to be the reason the mental health professional notified the employer, because of the threat to another.
If the person is a threat to another, the workplace has an obligation to put as much distance as possible between the person and others in the workplace. I hope this answered your questions.
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