Legal Question in Employment Law in Tennessee

Past employee giving out too much info.

Here's the situation:

My wife was employed (we'll call it company X), and then had a major surgery that required her to be out for about two weeks. She then came back to the employee. Whilst still at the job, she located a beter paying job, and put in her two weeks notice, and left the position amicably. She was also promised that the only information that would be provided to future prospectives would be dates of employment and rehirability status.

So far, so good. The problem comes 2 jobs later, she discovers (through the HR rep that worked her application) that the office manager where she had worked at company X had divulged information regarding her surgery when contacted during the employment check. We also have reason to believe that this has actually prevented employment from other companies. This obviously had nothing to do with the terms of her departure. I would like to know if there is any legal recourse to have the office manager cease speaking of matters that would have nothing to do with the terms of her departure?


Asked on 12/15/02, 8:15 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Past employee giving out too much info.

Depending when all of this happend or the date you actually discovered this, there may be a cause of action here, especially if you can prove that she lost specific jobs because of the illegal communication.

The former employer's statements may have violated the federal HIPPA laws. Under HIPPA a keeper of medical records such as a former employer has to keep them confidential. Also a new Tennessee Supreme Court case makes it illegal to interfere with another person's future economic prospects, such as a job.

There are a lot of questions for you to answer before you know whether you have a good claim, but it appears you may have the foundation for a meritorious claim.

If I can be of further assistance, please do not hesitate to contact me, 800.403.7868 or [email protected].

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Answered on 12/16/02, 10:16 am


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