My boss fired me illegally however if i choose to sue him which i think is fair in this case will this open my wife medical records or do they stay confidential?
2007-12-31 14:30:40 · 7 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
To the sophieb you actually think it is unrealistic for me to go after my exboss for what he has done to me and my wife. This has to be one of the most unbelievable thing a boss can do. It takes one heartless person to do what he did or to even think he was right in his actions. I didn't give seven years to his company working my butt off just so he could sentence my wife to death because we no longer have income. I have the documentation what i wanted to know is does he have the right to intrude on my wifes doctor patient privelage. She is very sick and still trying to deal with having the types of cancer she has i just want to protect her right to fight this in private is this truely so wrong of me?
2008-01-01 15:52:52 · update #1
You don't really provide a lot of detail here. If your wife's medical record is a material circumstance in the termination of yoru employment (for example, if you were terminated while on FMLA leave caring for your wife), it's possible that her medical records would have some bearing on your case and would be considered as evidence.
However, there are a number of laws having to do with patient privacy rights, the Americans With Disabilities Act, and other health-related laws that may or may not come into play here. Without more info it's impossible to give specific advice.
2008-01-02 06:31:23 · answer #1 · answered by Mel 6 · 0⤊ 0⤋
As Mel n USA stated once you open up that can of worms (law suit) everything is fair game especially since it appears your firing surrounded your wife's illness. I will tell you this. If you were eligible (in the United States) for leave under the Family Medical Leave Act and it was not offered to you or you were terminated during a period of time you should have been covered under this ACT you have other grounds to pursue legal action. It sounds has if you are speaking of a wrongful termination in which you would have to meet any one of the guidelines under Title VII, whistleblowing, and a few others. Wrongful terminations are very hard to prove. Seek legal counsel. Make sure it is an attorney who specializes in employment law. If you were in a unionized environment a labor law specialist is what you should seek. Lastly, make sure they do not charge for the initial consultation. Attorney's who charge for a consultation I would be weary of.
The best of luck...
2008-01-01 11:58:37 · answer #2 · answered by Anonymous · 1⤊ 0⤋
your wifes is not a part to the case dont worry, before your sue file a complain with the staes attorney where you reside
2007-12-31 22:40:56 · answer #3 · answered by cwm7128 1 · 0⤊ 1⤋
"Almost everyone" agreeing that your firing was illegal doesn't make it so. If you are in the US, there are very restricted reasons where it would be illegal, for example if you were fired because of your race or gender or age. From your description in your earlier question, it might have been a lousy thing for them to do, but not illegal.
And by the way, redvelvet isn't totally correct re FMLA - it doesn't have to be offered to you, you have to apply for it, although the info has to be posted in your workplace. If your company doesn't have at least 50 employees, then this law does NOT apply to you - see http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.104.htm - you said the company is a small video chain, so they might not have the required number of employees to be covered under FMLA.
Were you treated badly? Sure, we all pretty much agree on that. Was it illegal? Probably not.
2007-12-31 22:39:24 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
If your wife's medical condition contributed to your firing, they may be able to bring up the fact she had a medical condition but I don't think they can disclose what the condition was. If you are serious about filing a law suit, consult with your lawyer.
2007-12-31 22:35:17 · answer #5 · answered by Piggiepants 7 · 2⤊ 0⤋
Be realistic....you can't bring a case and not have everything on paper in documents and spread on the internet.
2008-01-01 17:48:56 · answer #6 · answered by sophieb 7 · 0⤊ 0⤋
Once you get into a lawsuit then anybody related to you is fair game ..
2008-01-01 03:47:11 · answer #7 · answered by MeInUSA 5 · 0⤊ 0⤋