I had a conversation advising my employer about a clinical decision for a patient about the employee who was best to

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Customer: I had a conversation advising my employer about a clinical decision for a patient about the employee who was best to treat that patient. The conversation took place with another employee who was present to move the patient. that employee then went and told the employee in question what I said privately to my employer was my private conversation violated
JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Employment Lawyer and then gets published with the answer to help others with similar problems. Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: was the breach an employement standard or HR or privacy breach and if so what are my rights
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: dental offices I was a lead dentist helping the new owners and there are about 10-15 employees
JA: Where are you located? Workplace termination laws vary by state.
Customer: I was not fired. I am in Calgary Alberta
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not sure but the employee who broke my private conversation with the people who bought my practice and who I was working for had no right to tell the staff my private words which now has me upset the other employee won’t walk to me and is mad and it is all from a private meeting with my employer and this staff member that had to be in the meeting to move the Pt. She never should have talked to the employee in concern and told them what was said. She is not a manager and doesn’t understand clinical dentistry nor why the Pt had to be moved and she created animosity hurt feeling to me and that person and I am not comfortable going back to work there part time now that this is such an sad hurtful experience
Answered by Debra in 5 mins 8 months ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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166246 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.


Did you report this to your employer?

Customer
No rush.
My employer and I are talking tomorrow morning at 7:30 am mountain time
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Debra, Expert

OK

I will wait to hear back tomorrow.

Customer
I guess I want to know before I talk to him if any privacy or employee relation laws were broken and what my rights are.I will also then let you know what he says.
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Debra, Expert

Was there an agreement that this would be kept confidential?

Customer
Not formally the new owners handle all private talks with the employees and I was advising him at his request
Customer
The other employee who told the hygienists what I said is not a manager and it is outside her job description
Customer
The employee also knew it was a conversation between me and my boss
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

This would be grounds for the other employee to be disciplined especially if there are policies that set out that these types of matters are confidential. But it wouldn't necessarily be grounds for you to be able to sue the employer for example. It is a good idea for you to complain to the employer and hopefully the employer will take the appropriate steps with this employee to ensure it doesn't happen again.

You should let the employer know that this employee has harmed you and your working relationship with this other employee which will harm the employer.

Do you see what I mean?

Customer
Thanks may I contact you after I speak to my employer if I need to
Customer
For follow up questions
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Debra, Expert

Yes of course!

Customer
Thank you
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Debra, Expert

Have a good night.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
but I am in bed just about to fall asleep.
Can I text you back tomorrow around dinner when I'm off work to send my follow up questions after speaking with my boss tonight
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Debra, Expert

Yes of course!

Customer
my employer spoke to them both. Unfortunately nothing in writing and no change.
I am curious. I was talking as a senior dentist to my new employer who bought me out a few months before. I was advising him on patient’s treatment. It was a private conversation in a closed office and the recall admin was included so she could notify the patient of a change in time. The patient did not care who she saw and was waiting to see a specialist who had a heart attack. Until he recovered she was coming back to our office. I advised that a different hygienists would be better off treating the condition she has and was explaining this to my employer. The employer asked me to guide him in clinical matter because he has no health care or dental experience.
Was this a privacy violation that the admin then went and spoke to the hygienists who had only briefly treated the patient several months before but was not the one making the treatment plan. That was me.
Do I have any recourse toward the admin who lacked the clinical skills to even understand what I was saying, who took what I said to my employer and violated my privacy by repeating my conversation with him as a treating doctor.
Also she hasn’t had any management experience or training and is not a manager and know the owner is the manager.
Now a long time friend and employee told me to never talk to her again because of what the admin said. She told her I didn’t trust her to treat the Pt. She damaged critical trust between me and someone I work with. She damaged the hygienists self esteem and relationships with the other hygienists and it’s a sad toxic environment that all stemmed from gossip and by the admin.
I did try to talk to the hygienists but she heard whatever the admin said and told me to never talk to her again based on something I did not say and which should never have been said because as I said the admin knew it was a private conversation at the request of the employer to be guided clinically and the admin has no clinical or management skills
What can I do that he did not write her up ?
I just want to be able to work in peace and not the awkward tension and anger we all now feel.
What is your opinion on the privacy matters.
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Debra, Expert

As I explained before you don't really have a right to privacy. You all don't have  the right to confidentiality. They were wrong but not from a legal point of view.

Customer
Even though I was discussing a patients treatment
Customer
In confidence with my employer
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Debra, Expert

Well that patient was entitled to confidentiality but that wasn't breached.

Customer
Okay
So that's it. The admin got a talk saying I have no idea what by the employer but not in writing.
I should do nothing and everyone should work in awkward silence and walk on egg shells cause nobody is speaking to each other.
Plus I'm treating this hygienists and I do not feel safe treating someone who hates me and is married to a lawyer
No offence.
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Debra, Expert

I don't blame you. I suggest that you ask not to treat her anymore.

Customer
Okay and I am allowed to do this?
Also really the other things like the awkwardness and knock to her self esteem over something I did not say and hurt feelings that I know won't go away based on her previous issues over this that have all been dragged up again. That's it. I can't make my employer write the other admin up?
Is there anything else I can do. I don't mean sue him but to send a message to the admin who had no right or experience and acted maliciously that's it. He spoke to her. It's over.
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Debra, Expert

Why don't you write a letter explaining exactly how you feel and how much damage this has caused to everyone and see what the employer says?

Customer
I did. He didn't care. He doesn't come from health care nor professional work places where people have careers not jobs. He comes from fast food and just doesn't get it
Customer
My team has worked together as professionals for many many many years. Some 15+ years without ever having something like this happen.
Yes we had issues but never to this degree where it feels unhealthy to go to work.
It will affect the entire team and it was all based on gossip and one person acting very maliciously who had no clinical or management experience
Customer
Nor records to past employment conversations or employment records.
As was not her right and still is not.
And our work. The hygienists work having her self esteem shot will affect patients health. And me not going back which is my right as my contract says I can leave anytime I want will affect other patients but I will not work in a toxic environment ever due to my mental health is way too important
Customer
Now it's the patients and the staff members I am most concerned with. I can leave they can't as easily
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Debra, Expert

I don't know what you can do to help them. So maybe you have to go to a place where you can work in peace with professionals who know how to act ethically and humanely.

Customer
I guess so. It's unfortunate there are no rules set up to protect employees from malicious gossip. Or to protect employees who act unprofessionally without consequences of creating a toxic atmosphere and affect co workers self esteem if the employer doesn't do anything about that.
I guess it's not anything I can solve and I can't do anything to restore what my colleagues heard and now thinks based on the admin talking without authority, clinical skills nor management skills and just made it a unsafe work place for staff and patients.
Employment standards and employee health should matter more.
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Debra, Expert

Well you could quit and sue the employer but I don't think you want to do that. This could be considered constructive dismissal. Do you want me to explain what that is?

Customer
I don't want to sue him but I do want him to take this more seriously for the next time.
I am leaving if it is not resolved so a legal example of how this could be constructive dismissal would help.
I decided I am gone anyway as I do not see this being resolved based on my conversation with him.
If I can say or explain why then hopefully he will act on it differently and protect the health of the staff better should this ever happen again.
I sold the Buisness and I know lawsuits are long drawn out and cost everyone money. I'm not going there but I would appreciate how it could be considered constructive dismissal
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Debra, Expert

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Customer
I am not looking for money. I am looking for this to never happen to another one of the people I worked with for the last 23 years
So if this isn't resolved I will tell my employer legally I could make that argument and he is lucky I won't drag this out in a lawsuit but I am not going to put myself in an emotionally damaging position based on what his staff member did.
That I'm gone as a result of him not adequately addressing this and that he should seriously consider the emotional damage of those staff members he now employs that do not have the financial freedom I do to not work in an unhealthy toxic environment
I really appreciate your help and expertise. Thank you for listening and for the advice
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Debra, Expert

I think your employer is going to be really sorry that you leave.

You are very welcome.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
No I think you have told me my opinions. Again thank you for your help.
If something new but related comes up regarding this issue comes up and I have a question do I start over with a new person?
I don't think anything will but I am just curious
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Debra, Expert


Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra


Customer
Will do. Thanks again!
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Debra, Expert

You are very welcome.

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