What would constitute "gross misconduct" for termination?

Question

I was terminated (I feel unjustly) b/c I gave confidential information for a patient to his daughter, at her request. She happens to be the CEO's assistant, and has been given this info in the past. I was told to "give her whatever she asks for", therefore I did. Just wondered if this could be considered gross misconduct. I do not think it should be. Your thoughts?

Answer 1

Shooting about 10 of your fellow employees should do it.

Coach

Answer 2

With medical privacy laws in place, you may have transgressed this by not having written authorization to release such information, regardless of whether it was common practice in the past or a matter of "old-boys"-style corporate culture. One person having an axe to grind or coming in fresh from the outside world and observing such activities might have brought the potentially illegal and high liability practice to the attention of someone higher up, and had the situation reviewed. You may have been a participant in an act that could be considered gross misconduct when viewed in that light. Consult a lawyer and find out if you have grounds for a wrongful termination lawsuit, or if you should let sleeping dogs lie in this instance.

Answer 3

Hard to say because the definition is open to interpretation. Usually, simple misconduct involves failure to exercise the standard of care or adherence to rules that a reasonably prudent person would have exercised, or an act or omission that falls below established standards. To show gross misconduct, you're talking about willful and/or wanton actions that constitute reckless disregard of rules, policies, safety, etc. Here's a good yardstick: If the actions of the employee don't even rise to the level that a careless person would exercise, you have gross misconduct.

Answer 4

something obvious and harmful.

something that costs the company a lot of money, done intentionally.

why not give us what you are planning and we can decide if it is gross enough?

Answer 5

Violating the law is one of those things. (Which is what you did when you illegally gave that person somebody else's medical information.)