What are my rights if I feel that my privacy was violated all because a supervisor employees discussed my overtime with my co-workers?
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What are my rights if I feel that my privacy was violated all because a supervisor employees discussed my overtime with my co-workers?
I was told by a third party that overheard the entire conversation. The supervisor also stated to the employees that I worked the hours but did not work at all. This person has assess to my information because she is in charge of operations at a retail store. I was wondering if I have a case or not?
Asked on December 31, 2015 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that you have no right to privacy in this situation. If this was a HIPPA violation (i.e. disclosure of your medical condition, etc.), then that would be different; you would have a claim. The fact is that while unprofessional, this disclosure did not violate any privacy law.
That having been said, you may have a claim for defamation. Your supervisor made disparaging comments regarding the fact that while you were there for the hours you really didn't work much during that time. If that was untrue, then you may have been slandered. There are, however, several conditions that must be met. While it appears that most have been met, one of them is that this comment must have caused you an injury (e.g. damage to your reputation, etc.). However, it's not clear that this condition has been met from what you have written. At this point, you can consult with a personal injury attorney. They can more fully inform you of your potential rights/remedies.
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