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Home > Law > Other Law   »   HIPPA violation fired and injury on the job

 
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Old Jun 25, 2007, 11:29 AM
bergun1
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HIPPA violation fired and injury on the job

I fell and injured my hip and knee. I was off for one week when the doctor said I could return on restricted duty, before I could return my employer claimed I had a HIPPA violation and fired me. I received two days of workmens comp. and I am still unable to work due to the injury, I may need surgery. I was denied unemployement benefits because my ex-employer fired me for HIPPA violation(ie. Known violation of policy). In addition, A union was forming and my employer was aware I was envolved. I testified in court in favor of the union and my picture was on a union flyer two weeks prior to being fired. What are my options? I have been with out income for 7 weeks and I am unable to pay my bills and may lose my home. I can't consolidate my bills if I don't have any income. I have call and informed my creditor. What else can I do?

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Old Jun 26, 2007, 08:07 AM   #2  
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I really need some advice, what can I do? I'm lost in illinois.
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Old Jun 26, 2007, 08:20 AM   #3  
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What exactly was the HIPPA violation? Sounds like there is no union here so I'd be checking the yellow pages for a labor attorney or call the county labor board.

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RubyPitbull agrees: The Hippa violation may have given the employer very valid grounds for dismissal.
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Old Jun 26, 2007, 12:10 PM   #4  
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bergun, ballenger is right. Whether you have a case for wrongful termination really does depend on what the Hippa violation was that led to your dismissal. If you don't want to talk about it, that is fine.

I noticed another post of yours, you mention that you are from Illinois? Is that correct? If so, please see this link to the Illinois Department of Labor. If I haven't found the right page for you, call the number provided and find out what legal help may be available to you.

Illinois Department of Employment Security
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Old Jun 27, 2007, 10:36 AM   #5  
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My ex-employer is claiming I kept & used patient files for personal use, when in fact the patient procedure reports that I kept record of were I was the RN on case were for professional use only. Never left the Department, never spoken about other than professional between MD & RN. Personal information was never disclosed.
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Old Jun 27, 2007, 11:32 AM   #6  
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If you feel you were wrongfully terminated, start with that website I gave to you. Call the number and find out what your options are. Sounds like you can file a grievance claim and fight the unemployment benefits denial. Write all your questions out prior to making the call so that you don't forget anything that you want to ask. In starting there, you won't have to worry about legal fees. Although, if you contact a good labor lawyer as ballenger suggests, usually the initial consultation is free. At that time, explain the reasons for your firing and ask them if they take contingency cases. This way, you are not out of pocket. In contingency cases, they only get paid if they win. If they feel you have a strong case, most lawyers will do that. They might be able to negotiate with your former employer for a settlement. The lawyer will charge a percentage of whatever you settle for or win in court.
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Old Jun 27, 2007, 01:35 PM   #7  
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Thanks for all your advice. I am trying to appeal unemployment decision, not sure exactly what to write on the appeal. I will be contacting a labor attorney. Thanks again
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