Legal Question in Employment Law in California

Re: employee investigations

I agree with the prior responses - an employer will not be permirmitted to examine an employee's medical records. However, if the employer suspects that a medical excuse has been falsified, it may contact the medical provider and confirm date(s) for which the employee was excused from work.

Re: employee investigations

Medical records are absolutely confidential and no one has the right to them without your consent.

Re: employee investigations

Unless you gave your consent, an employer may not look at your medical records, nor may the doctor release them. If your doctor did so, he/she might be liable for invasion of privacy and perhaps committed an ethical violation reportable to the State Medical Board. Certainly, your employer might also be liable for invasion of your privacy.