i had a mental health emergency i had to take care of. it resulted in me missing a day of work. when i came back he had talked to other employees about my personal situation. i have been told he verbally expressed being upset with me and questions my situation. In my place of employment this tends to mean your getting fired. now on top of everything else that has gone wrong i have a fear of going to work.
2007-12-05 08:09:40 · 14 answers · asked by dandyswift 1 in Politics & Government ➔ Law & Ethics
He cannot discuss your medical situation with anyone
2007-12-05 08:12:46 · answer #1 · answered by Anonymous · 1⤊ 1⤋
That would be considered a breach of confidential information. Should you be terminated for your mental state, I would suggest you contact an attorney immediately.
Also, if you leave the company, the only reference they can give is, "Yes, this person worked here from this date to that date and was fired/resigned." as well as, "This person's job was to do XXX."
Should your employer divulge any personal information, you should contact an attorney immediately.
However, if you are considered a threat to the safety of others, the employer has certain responsibilities to other employees and may request a restraining order and a police escort off the premises.
No implication on your situation! Just some advice!
2007-12-05 08:15:13 · answer #2 · answered by Shinran 2 · 2⤊ 1⤋
Your employer is require under HIPAA to keep personal medical information private. The most he can say to other employees is that he knows that you were gone from the company. He can't say he knows why, he can't say it was for a medical reason, and he certainly can't tell them what the medical reason was. I'd have my attorney send a strongly-worded letter. If you are then terminated, you can claim it was for retaliation in asserting your rights under the law.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-05 08:15:32 · answer #3 · answered by scottclear 6 · 4⤊ 0⤋
Your employment and health information is closely protected under seperate acts. Him discussing either of these types of issues with other employees is against the law. Your right to privacy in the workplace should be fiercely protected. I suggest going to his immediate supervisor and expressing your concerns.
2007-12-05 08:15:46 · answer #4 · answered by Love My Hubby - Hate His Mom 6 · 1⤊ 0⤋
I think this would be odd - I think you may not have gotten the whole story since you indicate "I have been told" and the grapevine is not the best place for accurate information
I can think of circumstances where he had a ethical responsibility to chat with your co-workers - for instance if your disorder would have been a danger to them in the workplace.
My advice would be to calmly sit down with your boss ask and see what they say - and DOCUMENT all of it very carefully.
2007-12-05 08:44:07 · answer #5 · answered by roadrunner426440 6 · 0⤊ 0⤋
NO! It is totally illegal for your employer to advise ANYONE of your health circumstances! The HIPPA laws protect you against these types of situations. I'd write a letter to your employer...DOCUMENT what was said so you have this information in WRITING regarding what was said and who he talked to.
2007-12-05 08:37:22 · answer #6 · answered by lahockeyg 5 · 0⤊ 0⤋
No, your are protected by Federal Law to have your privacy protected. You should get a good lawyer cause it sounds like you may be able to sue your company if you do end up getting fired
2007-12-05 08:14:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
First of all, you are being so vague that it's difficult to tell what you are talking about. Second of all, you can't be fired for a true medical emergency. Third of all, I would talk to HR about his behavior.
2007-12-05 08:13:42 · answer #8 · answered by leaptad 6 · 2⤊ 0⤋
He has violated your trust and your protection of law. Call your state work force and see what your right would be. But depending on how much you want to keep that job....I would have marched right up to his personal space and challenged him.
2007-12-05 08:17:19 · answer #9 · answered by Lyn B 6 · 0⤊ 0⤋
You are protected under HIPAA. However, it is my experience with what was done to my mother that you will fight a losing battle, as most big corporations have the time and money to beat you down.
2007-12-05 08:22:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Nope, against the law and you could sue if you are fired over this situation
2007-12-05 08:13:55 · answer #11 · answered by Anonymous · 1⤊ 0⤋