Stuff I have proof of:
1 He has shared multiple employees medical information indiscriminately without the consent of the employees.
2 He has divulged employee personal payroll figures in group emails.
3 He paid out all of my holiday hours after I checked "no" on my FMLA paperwork.
4 He delayed my W-4 correction for over a month.
5 He neglected to correct a recurring deduction error for six weeks.
6 He informed me that I cannot contact HR, payroll and the benefits departments directly.
The list goes on, but it's not proveable.

So where is the wrongdoing?

1 How did he get the information? That determines whether there is legal wrongdoing
2 Not a common practice but not legal wrongdoing
3 Do you mean he required you to take your vacation time before you went on leave? Don't think that is wrongdoing either
4 Poor management but not wongdoing
5 Again poor management
6 Establishing a chain of contact not wrongdoing

He doesn't sound like the nicest boss but I don't know if any laws were broken.

1. unless this is in the health care field, while poor business he can give out and tell your medical info, the protection almost everyone mis-understands protects it from doctors, nurses and other medical professionals giving out info that they got though their treatment of you.

2. he can tell everyone at work how much every one makes,nothing illegal,

3. Not sure on this one, but if you had earned holiday pay, but if you were out on leave he should not have paid holidays, but what is the issue, FMLA is not paid leave, so I would think you would want some small pay.

4. Poor book keeping, but again 2 or 3 weeks in large businesses is normal processing time for changes. Again, nothing that you have "rights" about except to have reminded HR about it every week it was not done.

5. Sounds like a poor manager, but again, if you were cheated out of money, did they correct the money and pay you any money owed ?

6. So who cares you have the right to contact them, so contact them if you need to.

I don't see anything except a poor boss maybe, nothing where any protected rights were violated

Your comments were very helpful. They gave me more context to research with. This led to the discovery that in WA/OR, he cannot discuss my medical file information with anyone, regardless of profession FTW. I took my new found confidence and contacted HR right away. Looks like I'm getting new management soon. He's being removed from our contract. Now I'm freaking out because he implied that he knows where I live... "I pass your house frequently. Boy are those roads dangerous."

Comments on this post
MrBlathe does not find this helpful : At least somewhat innaccurate and pure opinion base.

Excuse me? I find it odd that both Chuck and I gave essentially the same answers yet you gave me an inaccurate rating but found his answer helpful. Please point out anything I said that was inaccurate or how you know it was based purely on opinion.

As for his not being able to discuss medical info, please provide any law or rule that you think supports that. As I said it depends on how he got the info.

Your post was in no way helpful. Now you want me to provide evidence why I find your lack of useful info innacurate? Arrogant much? I'm sympathize if you take this as a blow to your ego. State laws can apparently be more restrictive than Federal. So, the blanket comment "No wrongdoing" to every bullet point was not only inaccurate, but rife with assumption and attitude. The question asked if I had any rights, not if there were legal issues. It turns out, my boss is reportable for medical privacy violation on a state HIPAA level (thank you Fr_Chuck). It's not illegal, but it is reportable and may include fines. Also, employees may talk about wages (a protected right), but the employer is restricted (BOLI) from this behavior. Regarding FMLA topic, I was on LOA for an injury when he used all of my vacation hours without my knowledge or consent. HR stated my boss can burn all of my sick time, but not my vacation. This explanation is my thanks for trying. Try not to take it so personal.

The issue with non medical firms giving out info, most areas have some rules or laws, there are even some rules in OSHA about it ( or was 10 years ago) but they have no bite and almost no enforcement, and even no one to really report the violations to.

So if the company itself does not act in house, often there is nothing you can sue for even if they violate some rights.

Quote:

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Originally Posted by MrBlathe

Your post was in no way helpful. Now you want me to provide evidence why I find your lack of useful info innacurate? Arrogant much? I'm sympathize if you take this as a blow to your ego. State laws can apparently be more restrictive than Federal. So, the blanket comment "No wrongdoing" to every bullet point was not only inaccurate, but rife with assumption and attitude. The question asked if I had any rights, not if there were legal issues. It turns out, my boss is reportable for medical privacy violation on a state HIPAA level (thank you Fr_Chuck). It's not illegal, but it is reportable and may include fines. Also, employees may talk about wages (a protected right), but the employer is restricted (BOLI) from this behavior. Regarding FMLA topic, I was on LOA for an injury when he used all of my vacation hours without my knowledge or consent. HR stated my boss can burn all of my sick time, but not my vacation. This explanation is my thanks for trying. Try not to take it so personal.

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First, your question asked about your rights. This led to my assumption that you were asking about legal wrongdoings. When people ask about rights, they usually are referring to legal rights. I'm not a mind reader, so if you didn't mean legal rights, I'm not sure what rights you could have meant. So my answers were based on that.

HIPAA is FEDERAL law. Federal law it supersedes state law. Since you didn't provide what state you live in in your initial post, how did you expect us to to respond with state law issues. There may be state laws regarding medical information (which you did not cite as asked) but without knowing what those laws state I can't judge whether they apply in your case. The issue of the vacation time is a matter of COMPANY policy. How am I supposed to know what your company policy is. I know of companies that do require one use all their time off before going on FMLA leave.

Nor can I find anything in BOLI that states that employers are constrained from revealing wages.

Again, if you compare my answers with Chuck's there is no substantial difference.

Nor is it about ego. If I give wrong answers I want to know they were wrong and why they were wrong so I don't make the same mistakes again. It is, however, about fairness. It's also about the rules of this site found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

I maintain there was nothing inaccurate about my answer based on the information you provided. And it was not based on opinion but based on my knowledge of the law and human resources practices. Therefore your rating was incorrect and inappropriate. I suspect your reaction was to my somewhat flip response and not any real sense of inaccuracy. If anyone's ego is at issue here, I suspect its yours. You came here with all this righteous indignation (deservedly so) about how badly you were treated by your boss and my response didn't go along with your outrage over your treatment. So, instead of trying to look at things through another's eyes you struck back.

One other point. I do admit to making some assumptions. I had to since you left out key pieces of info. But I also asked for clarifications. For example I asked how your boss got the medical info and that has a direct bearing.