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View Full Version : Is there a legal violation here?


Nina0529
Oct 22, 2013, 07:49 PM
I was requested to lease out of state to work with only a three day notice. I replied to my supervisor that I could not because I was currently attending school and also take care of my mother at home because of medical issues. My supervisor stated that I must provide proof of medical reason. I replied I do not want to give medical documentation of my mother. It conclude with me getting suspend for a week without pay and a suspension on my record of misconduct for 3 years. Is this a violation of privacy?

excon
Oct 22, 2013, 07:57 PM
Hello N:

Is this a violation of privacy?Yes, it is. But, you don't have a right to it. It's not a violation of the law for them to ask or demand private information from you.

I think you're right about not revealing your private information, and they ARE being unfair about it by suspending you. If there's an appeal process within your company, I'd avail myself of it. If there isn't, I'd write the company president a letter complaining about it. Keep in mind, they might fire you for doing so. You really don't have any rights here.

excon

Nina0529
Oct 22, 2013, 08:04 PM
I thought this would be the case. My union representative was claiming this to be a hipaa violation because they are asking for medical documents. Also it was not an issue about filling for fmla because I could still work, I just couldn't be sent away for a month. They were only giving me a 3 day notice.

excon
Oct 22, 2013, 08:16 PM
Hello N:

A HIPAA violation is when a medical practitioner reveals private information - not when somebody asks for it.

Nonetheless, since you're in a union, you have more rights than I alluded to. I'd appeal.

excon