questions & answers

Question: I gave my employer a copy of my subpoena in case I was late. When I came into work that day I noticed my subpoena sitting out in view for everyone to see. The case I am testifying for his a very violent one.Do I have any recourse for violating my privacy and putting me possibly in danger?

Answer: Generally, the employer is required by federal law to keep certain information confidential, this usually pertains to medical issues related to HIPPA and the ADA. All other information is usually kept confidential according to the jurisdiction.

An employer may not dismiss or penalize employees who are victims of a crime because they choose to exercise their rights to take leave. Also, an employer may not discriminate against employees in compensation, conditions, or privileges of employment based on their exercise of victim leave rights. Employees who are absent from work under the statutes may not lose seniority or precedence. Employers must keep confidential records of employees’ victim leave. For Further information view the following Arizona Revised Statute:

A.R.S. 8-420

Right to leave work; scheduled proceedings; employment rights; nondiscrimination; confidentiality; definition

A. An employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a juvenile offense to:

1. Leave work to exercise the employee's right to be present at a proceeding pursuant to sections 8-395, 8-400, 8-401, 8-402, 8-403, 8-405, 8-406 and 8-415.

2. Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim's child.

B. An employer may not dismiss an employee who is a victim of a juvenile offense because the employee exercises the right to leave work pursuant to subsection A of this section.

C. An employer is not required to compensate an employee who is a victim of a juvenile offense when the employee leaves work pursuant to subsection A of this section.

D. If an employee leaves work pursuant to subsection A of this section, the employee may elect to use or an employer may require the employee to use the employee's accrued paid vacation, personal leave or sick leave.

E. An employee who is a victim of a juvenile offense shall not lose seniority or precedence while absent from employment pursuant to subsection A of this section.

F. Before an employee may leave work pursuant to subsection A of this section, the employee shall do all of the following:

1. Provide the employer with a copy of the form provided to the employee by the law enforcement agency pursuant to section 8-386, subsection A or a copy of the information the law enforcement agency provides to the employee pursuant to section 8-386, subsection E.

2. If applicable, give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency that is responsible for providing notice to the victim.

G. It is unlawful for an employer or an employer's agent to refuse to hire or employ, to bar or to discharge from employment or to discriminate against an individual in compensation or other terms, conditions or privileges of employment because the individual leaves work pursuant to subsection A of this section.

H. Employers shall keep confidential records regarding the employee's leave pursuant to this section.

I. An employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.

J. The prosecutor shall inform the victim of the victim's rights pursuant to this section. A victim may notify the prosecutor if exercising the victim's right to leave under this section would create an undue hardship for the victim's employer. The prosecutor shall communicate the notice to the court during the scheduling of proceedings where the victim has the right to be present. The court shall continue to take the victim's schedule into consideration when scheduling a proceeding pursuant to subsection A of this section.

K. For the purposes of this section, "undue hardship" means a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee.