Employee Confidentiality

SBernstein

We have a manager who called an employee's (ee is a young adult) parents to tell them that their daughter was passed out on the floor. The manager was not the manager of the employee and the employee has a roommate who could have called. It is my understanding that we are not allowed to give out informtion about employees unless we have their permission. The employee was intoxicated. The call was made off work hours and off the work site, however, my concern is that because of the manager's position in the company we could be held liable for disclosing information without getting permission.

The employee did list her father as an emergency contact, but again, she was not in danger, nor was she taken to the hospital.

Now the parents are calling the manager asking if she can get other employees to do "an intervention."

I'd appreciate any thoughts on this... Thanks

Squishypig

[font size="1" color="#FF0000"]LAST EDITED ON 03-28-02 AT 03:16PM (CST)[/font][p]OK, I may be naive in thinking this way but, if it occured off hours, off site, with someone who just happened to be a manager (not even hers) where she works, why would the company be held liable? Did the manager call the parents just to let them know that the daughter was passed out? Or that they need to come and pick her up? How did he get the parents' number? Did he look in her file or did he already know it?

All of this appears to be happening outside of work? Why is HR even involved?

Theresa Gegen TX

I don't think the company has any thing to worry about as far as the manager calling the emergency contacts off duty. He was not acting as a manager at the time. And I'm not sure that the employee has any right to privacy about being passed out in someplace that was either public or done in front of others.

BUT -- I would not allow the company employees and especially the manager to engage in any intervention. This could result in liability based on the ADA as well as some other claims -- like intentional infliction of emotional distress, false imprisionment, etc.

If you have an employee assistance program, you can let the employee know about it, but I would not go any further.

Good Luck!

nancyp

I agree with Squishypig. Why is HR even involved??