A workers’ compensation claim is typically the only remedy for an employee who gets injured on the job. But a California Court of Appeal recently ruled that an employee injured because a supervisor didn’t keep the person’s disciplinary matters private may bypass the workers’ comp system and sue you for damages.
Reprimand Action Trumpeted
Bonita Vinson and her union sued Alameda County and Vinson’s supervisor, Sylvia Johnson, for violating Vinson’s constitutional right of privacy. Vinson alleged that at a managerial meeting, in the presence of many other employees, Johnson announced Vinson would be reprimanded and directed her to write her own letter of reprimand. The employees who attended had no interest in the disciplinary matter. Johnson then distributed the meeting minutes, with the reprimand action printed in bold, to a larger group of employees.
Vinson charged that Johnson’s actions caused her embarrassment and emotional distress and subjected her to office ridicule. A jury awarded her $10,000. The county and supervisor appealed, arguing that because Vinson’s injuries arose from her employment, workers’ comp was her only remedy.
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Privacy Claim OK
But the court of appeal refused to throw out the jury verdict. The court explained that a worker is not limited to workers’ comp if the employer’s conduct isn’t considered to be a normal risk of the employment relationship. Reprimands are generally a normal employment risk because they are typical employer actions, similar to demotions, promotions, and criticisms of work. However, having information about a reprimand intentionally disseminated to other workers with no reason to know about it exceeds an employee’s normal workplace risks. That’s because it violates the right of privacy granted by the California Constitution.
Protect Yourself
This ruling makes it more important than ever for employers to take precautions to safeguard employee privacy in the disciplinary process. Instruct supervisors that disciplinary matters may be discussed only with individuals who need to know. Disciplinary records and other sensitive personnel information should be kept in locked file cabinets with access strictly limited. Also, advise supervisors not to leave disciplinary information lying around on their desks for wandering eyes to see.