Yucaipa, CA asked in Employment Law and Health Care Law for California

Q: My boss sent out a company wide email saying I put everyone at risk for covid 19, is this legal?

A company wide email was sent with my name and claiming I was reckless with everyone's health. I received texts from co-workers asking about my own and family's health situation.

I had no symptoms but merely informed them that I had come in to contact with someone who had tested positive, this was all before the business was opened up. I had been in contact with very few (one or two) people.

3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your employer violated your medical privacy rights by sending this company-wide email. However, given the present situation, what you wish to do about it needs some careful thought and a consultation with an attorney familiar with your privacy rights in the workplace. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Maurice Mandel II agrees with this answer

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I like Neil's answer, it is very thoughtful.

The problem is from what you said, it is not clear how the employer got this information, or whether it was confidential health information. Even if not, he could be defaming you. Have you been tested? Negative?

Keep that email, print it out and keep a hard copy, clean, no writing on it, it is evidence.

I would suggest that you take several deep breaths and as calmly as possible write a letter to your employer telling him that you are CONCERNED about his disclosure of your private information, and that you want him to PLEASE STOP disclosing any personal or private information about you to others. DON'T SEND IT. Put the letter aside for a day then look at it and take out all the cursing, make it as milktoast as possible but still say that you want him to stop. Do not make any threats or mention Lawyers or your rights. This letter could become a piece of evidence so you don't want it to sound like you are a raving lunatic. You want the letter to sound like you are the victim and you are asking the bully to please stop. Remember, it could go before a judge and jury.

Keep copious notes about any rejection by co-workers or negative comments, put it in a day planner with date, time and person. If you are having emotional distress, you need to not how it is happening, depression, anxiety, insomnia, too much sleep, crying, whatever.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I like Neil's answer, it is very thoughtful.

The problem is from what you said, it is not clear how the employer got this information, or whether it was confidential health information. Even if not, he could be defaming you. Have you been tested? Negative?

Keep that email, print it out and keep a hard copy, clean, no writing on it, it is evidence.

I would suggest that you take several deep breaths and as calmly as possible write a letter to your employer telling him that you are CONCERNED about his disclosure of your private information, and that you want him to PLEASE STOP disclosing any personal or private information about you to others. DON'T SEND IT. Put the letter aside for a day then look at it and take out all the cursing, make it as milktoast as possible but still say that you want him to stop. Do not make any threats or mention Lawyers or your rights. This letter could become a piece of evidence so you don't want it to sound like you are a raving lunatic. You want the letter to sound like you are the victim and you are asking the bully to please stop. Remember, it could go before a judge and jury.

Keep copious notes about any rejection by co-workers or negative comments, put it in a day planner with date, time and person. If you are having emotional distress, you need to not how it is happening, depression, anxiety, insomnia, too much sleep, crying, whatever.

Good luck to you.

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