Legal Question in Employment Law in California

My husband was very sick last year with drug addiction. He pays child support to a child in Colorado and so while he was in a treatment facility because he was not making any wages, his child support was not being paid. His job at that point sent a letter to the mother of the child stating that the child support was put on hold because he was in a drug treatment facility seeking medical attention. Its my understanding that his medical records and all information are confidential. I cant understand the need for his employment to share the detail. I feel all that should have been disclosed was for medical reasons and its just as effective. Any feedback would be helpful.

Thank you.


Asked on 4/28/10, 10:20 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I agree with you, an employer should never release medical information about one of it's employees, without the written authorization of the employee. To do so could be a violation of the California confidentiality of medical information act (Cal. Civil Code section 56.20).

Of course, a key issue will be how your husband has been damaged by the release of unauthorized information. This will determine whether it is worth pursuing any legal remedies against the employer. If he has suffered monetary damage, he may want to consult with an employment law attorney in your area.

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Answered on 5/03/10, 10:36 am


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