Dear Legal Advice,
I’ve been running into some health problems (nothing serious, but certainly nothing I feel inclined to share with the people at work), and have needed to take a number of sick days. A co-worker of mine, who has been vying for my job for quite some time, has been feeding my boss lies that I’m missing work because I have a cocaine habit that is getting out of control. I am totally outraged that he would make up such a lie about me as I am firmly against the use of drugs. All I’ve told my boss that I’m having some “minor health issues”, but he’s convinced that I’m lying now because I refuse to go into further detail. I’m scared this will turn into a choice between my job and my right to privacy. Can I retaliate by pressing charges against my co-worker for defamation of character? Would this help my chances of not getting fired over this incident if I win? My boss hasn’t explicitly told me who gave him this information, but I’m pretty certain it’s my co-worker. How difficult is it for me to prove my case if it goes to court?
Cheers,
- Framed Freddie
Dear Freddie,
You have a right to privacy. Neither your employer nor your co-workers are entitled to know the details of your health problems. However, your employer is entitled to a note from your doctor for any absence because of a medical reason. It doesn’t need to contain the details; they are only entitled to know that you were off for a medical reason and when you are coming back if you will be off for awhile. As long as you give them this information then your employer cannot fire you, except in limited circumstances.
Further, if you get fired because of idle gossip then you would have a good case against your employer for wrongful dismissal. However, you probably want to keep your job and avoid the expense of a lawsuit at the same time. To avoid this you may want to politely suggest to your employer to contact the Alberta Human Rights Commission to find out exactly what they are entitled to know about an employee’s medical leave. They have a lot of information on this particular issue and it is free.
I should also point out that, even if the rumours were true, cocaine addiction is considered to be a medical disability by the Alberta Human Rights Commission. Your employer cannot fire you because of an addiction or even a perceived addiction. It is illegal.
Thus, in either case, your employer cannot fire you. They cannot fire you for not disclosing the details of your illness and they cannot fire you even if you have a cocaine addiction. In both cases you could go to the Alberta Human Rights Commission and file a complaint (and maybe a lawsuit in the Courts).
Regarding your co-worker, defamation is a very complex lawsuit. I would need more information to give you a proper analysis but it sounds like you may have a pretty good claim. If someone is telling your boss lies at work and you get fired, then you may have something to go on. The problem with defamation is that it is hard to prove and very expensive. Your better bet is to get a lawyer to write a letter accusing the co-worker of defamation and requesting an immediate retraction. If you are not sure who it is then, to avoid the embarrassment of sending it to the wrong person, you may simply want to talk to your employer about an internal harassment complaint. Most employers these days have internal policies prohibiting any form of harassment between employees. This may keep him in line. If not, I would repeat my earlier advice and suggest that your employer contact the Human Rights Commission at 297-6571.
Darryl A. Aarbo
If you wish to send in a letter, please email it to legaladvice@gaycalgary.com. Darryl A. Aarbo can be directly reached at Courtney Sebree Aarbo, Barristers & Solicitors, 1138 Kensington Road NW, Calgary, Alberta, T2N 3P3. Visit their website at http://www.csalaw.ca. Phone (403) 571-5133. Fax: (403) 571-5134
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