Legal Question in Medical Leave in Florida
Privacy & Threats
A coworker returned to work after removal of a kidney/cancer. The 1st wk back he found it painful to sit for 8hrs and had to leave work twice. He informed mgmt he had an appt w/the dr the next day and would get FMLA started because he was still in pain and had to take care of it. Later he was confronted by a mgr (not his) in front of other employees. He was told that the mgr had called HR and he was abusing FLMA, he was going to have him investigated, the time off would count against him and he had to make his appts outside of his work schedule. Is it OK to discuss someones medical condition in front of other employees, call HR and discuss a FMLA not yet applied for and threaten someone with investigation? I think they just want him to retire, age discrimination? Any recourse?
2 Answers from Attorneys
Re: Privacy & Threats
He most likely has claims under FMLA for both intereference (not being allowed to take his leave for doctor appts) and for retaliation. Also, sounds like the manager may have violated HIPPA, as well as committing an invasion of privacy under Florida law. Lastly, he may have a claim for age discrimination under both the Age Discrimination in Employment Act and the Florida Civil Rights Act. Tell him to seek a consult with an experienced employment attorney immediately.
Re: Privacy & Threats
No, it's not ok but I am not sure what's happened has any remedy at law yet. Not every insult or action has a remedy. This appears to be poor management and, though everything you have said MAY be true, it's difficult and expensive to prove and may not bring anything in return except more harrassment and pain. Back off, don't try to be this guy's lawyer. Let the situation develop further and of it's own volition.
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