1377 REVIEW DENIED Termination from employment based on confidential information improperly obtained by the employer from doctors who examined the employee, and based on the employee's refusal to accept a specific course of treatment selected by the employer for the employee, violates the employee's constitutional right of privacy and is therefor in violation of public policy; doctors hired and paid by an employer to examine and evaluate an employee for the purpose of determining the employee's fitness for work or entitlement to medical leave are privileged under the Confidentiality of Medical Information Act to make conclusionary statements to the employer regarding the employee's fitness, but are not privileged to disclose facts obtained in confidence during their examinations.CitationPETTUS v COLE (Mandatory Rehab) 49 CA4 402 [See: CA Const I,1; Foley v Interactive 47 C3 654; Hill v NCAA 7 C4 1; CivC 56 etseq]
|
|