Legal Question in Employment Law in California

Re: Breech of Confidentiality

It is not clear from your question what sort of relationship was established between your friend and the site manager. If the counseling took the form of confiding medical information, whether physical or mental, state and federal laws may have been violated by the counselor for providing unauthorized medical information. If the information conveyed was simply personal information not intended to be shared with others, the site manager may have violated your friend's right to privacy.

However, it is more difficult to hold the employer liable, since it was acting on, apparently, negative information it received. If this information was medical in nature, a claim for disability or medical condition discrimination may be possible.

Your friend should discuss the details with an experienced employment law attorney to be better advise.

Re: Breach of Confidentiality

I agree with Attorney Kirschbaum that more information is needed.

If your fiend saw the site manager as a patient, then that person violated the physician/patient priviledge to privacy (codified under several statutes, most notably HIPAA) as well as the person's own licensing requirements and obligations.

Now, if the doctor believed your firend to be a threat to a particular person, then they have a duty to warn...again....more facts are really needed here.

I'd recommend having your friend contact myself or another attorney to discuss the matter in confidentiality (yes, we also have the same requirement...but I hope we're a little better at keeping clients' secrets as secrets).

Unfortunatly, your location is a bit too South for our office, however, I went to Law School in Downtown SD so I can recommend several people to you.

Feel free to contact me directly; the information provided by LawGuru is correct. I can also be reaced through TheLawShack.com

Scott

Re: Breech of Confidentiality

Yes, personal information disclosure MAY be the basis of a lawsuit against the site manager. It depends upon the facts and circumstances of your conversations, the information discussed, and his disclosure. It doesn't sound like you are talking about 'disability' issues, but if so, then the company may have some liability. Contact me if interested in having experienced counsel to help you in this matter.