privacy in the workplace
can a company be liable for their employee's action of revealing confidential medical condition of another employee on workplace grounds?
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Read More Answered By: Craig J. Tiedemann |
Re: privacy in the workplace Most likely, yes. Generally companies can be held liable for actions of their employees done within the scope of employment; even if the specific actions were wrongful or unauthorized by the employer. This would seem especially likely if the employee who disclosed confidential information had access to or knew the information as a result of his/her job duties or functions (e.g., an HR employee with access to confidential records).
Here, the person's whose confidential information was disclosed may also have claims against the employer directly (in addition to through the negligent employee) for failing to adequately safeguard confidential information and/or failing to properly supervise the errent employee, thereby enabling him/her the unauthorized disclosure.
A Mass statute prevents unauthorized disclosure of certain confidential info. Whether or not the specific disclosure in your case runs afoul of that law is impossible to determine without knowing more. Feel free to contact me directly to discuss.
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