Legal Question in Family Law in Illinois
spouse gives out sensitive medical info
2 spouses work for the same public employer. They are going through a divorce. The husband lost his father, is going through a divorce and may lose a promotion to a less qualifies, less senior black female (they still follow affirmative action). He made an ''attempt'' at suicide and wa found by his friend. As a result he requested and was granted FMLA. His wife gave his supervisor (wife and supervisor are close friends) this info. He was denied the promotion (more of a transfer). It is confirmed that she told the supervisor that she would ''benefit'' if her husband was fired and gave more info. It is known that the wife and supervisor spoke of ways to use this medical condition as a way to fire him. While on FMLA a letter of termination was sent to the husband at the hospital which sited an ''act of irresponsibility'' for the termination. Is the fact the wife spoke about her husbands medical condition (HIIPA ?), using it for her benefit and he was terminated w/o due process legal? What recourse is there?
1 Answer from Attorneys
Re: spouse gives out sensitive medical info
Hello, I just read your posting. I recommend that the husband take steps to file a lawsuit against
his employer and the supervisor individually. HIPA laws prohibit
medical information and other data of a private nature from being disclosed. Based upon the contents of your posting, I think that what was done to the husband is illegal. I would argue that there was no justification for the husband's firing. A complete investigation of this matter might also reveal that eavesdropping or taping of the husband's conversations occurred. If this can be proven, the Office of the U.S. Attorney should be notified. Eavesdropping is a federal crime. I am willing to discuss this further and provide additional comments.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
