Hello everybody,

I presented (2) Doctor's notes to my employer which would cover 2 separate appointments for two days. One was for a primary care visit, and the second for a hospital visit.

I, for a reason unbeknownst to me, was this particular manager's least favorite employee and was micromanaged by her, working in a very hostile environment for almost 2 years.

One day I saw that my Doctor's office was returning a call to my employer. I contacted my Doctor's office and they notified me my employer had contacted them because they believed the notes were forged. Immediately they let them know they were valid and that I had just been there for an appointment.

It did not stop there, they requested my physician call them. He did. At that point an argument between my employer and physician ensued (due my employer's lack of respect for my Doctor no less) and the shouting could be heard within the main office area. I repeatedly heard my boss tell my Doctor to shut up.

After work I called my Doctor to ask what exactly had gone on, the nurse/assistant informed me my Doctor had to state he could not release any health information to my employer regarding my visit(s) and could not assist them any further. He instructed the front desk to hang up if my employer called again.

Upset and fed up after obviously being beat down emotionally and professionally, I let my manager know I was very upset (in detail) and left early.

The following Monday I was terminated.

(Sorry for the story.. ) My questions is... do I have any rights in this situation? I have undoubtedly filed unemployment due to the way I was treated for 2 years, but these are very well, unlikable, determined people and they will for sure fight anything I throw at them.

If this was not in violation of rights... how can it not be?

Thank you kindly for your input!

First, your doctor did exactly what he was supposed to. There was no problem in confirming the validity of the notes, but he could not reveal any more info without your permission. So there is no HIPAA issue here at all.

Second, what rights do you think were violated? Your employer has the right to ask questions, especially if your health issues might affect your job performance. They do not, however, have the right to get the answers unless they can prove it will affect your job. But, you did not have the right to leave early without permission and that would be sufficient grounds for termination, possibly enough to deny a UI claim.

What you should have done is gone over the manager's head to the HR department and ask for a meeting with them and the manager to discuss the situation. The manager had no right to harass and badger your physician. As soon as the physician told the manager he could not release the info without your permission, the manager should have ended the call, taken you aside and explained to you why he felt he needed to know. At that point you could either decide to tell him or explain why you disagreed. If you were fired because you refused to discuss your personal health issues, then you could have a cause of action. But you were probably fired for walking off the job without permission and that is valid, not that they needed a specific reason since most areas are right to work areas so there is no need for a specific reason.

So again I ask what rights do you think were violated? I see bad behavior and poor decisions on everyone's side (except for the doctor who did everything right).

I agree with how ScottGem views this... Dr Did nothing wrong, your employer had the right to confirm the visits were actually made. Because (gasp) employees have been known to lie from time to time.

The reasons for your termination were justified... you confronted a superiour (something considered insubordination) and walking off the job is another serious action. Two huge mistakes made on your part. And as ScottGem, commented....there were much better ways to deal with this than the ones you took. Which they could now use to argue for denial of unemployment benifits be paid to you....that you will now have to likely fight to get.

Major corrections here regarding the replies to my question. Let me correct.

I KNOW my doctor did not do anything wrong. He is my life long physician and personal friend. He was defending me, his patient, to my employer.

Second. There is no HR department in this scenario. This is a small, religious business ran my a mother, father and son. They wear all the hats and oversee everything.

Also, sorry for my failure to give detail but I was asked to leave early that day. I did not and would not abruptly leave without permission. Obviously because that would go against me.

Lastly. You asked how my rights were violated, well, let me ask you how exactly you would feel if an employer you knew hated you, called your family physician, screamed at him, devalued his practice and continued to badger. Like any decent person would, I was embarrassed and upset.

How would you have handled it?

How would I have handled it? I would have quit. With that said, you privacy rights were not violated.

Ok, since you asked about HIPAA I assumed you thought your HIPAA rights might have been violated, but as noted that was not the case.

Second, If this is a family owned business then you need to play the cards you were dealt with. If you were asked to leave, it may have been because it was felt you were being insubordinate in questioning your supervisors's actions. You did not tell us if they gave you a reason for terminating you, so we had to assume it was due to leaving early.

You ask how we might have felt, I would not have felt good about my employer doing those things. I would have been upset, though not embarrassed. The supervisor should have been the one embarrassed by their poor behavior. But I still don't see where any rights were violated. There is a difference between people acting badly and violating rights. Your supervisor acted badly. Your supervisor tried to get information they were not necessarily entitled to and acted badly in in doing so. But your physician preserved your rights. So I'm still wondering what rights you think were violated.

Please don't get me wrong. I empathize with your situation. It's a shame that your boss acted they way they acted. But you are asking a legal question in a law forum. And the answer is that your rights do not appear to have been violated.

How we might feel has absolutely nothing to do with the matter of if any rights were violated as a matter of legality. They are two completely separate issues. There are many very legal things I am not at all happy about... but I have to accept them.

What was said between your doctor and them... you only heard one part of... and let me tell you, I Personally have done more than yell at one of my doctors at one point (in fact I yelled more than several times over several weeks)... I turned a lawyer on them and filed complaints with the insurance commission, the State medical board and the BBB, all of which I won.. and there is now a large medical practice that no longer refers ANY business to that specialist ever, for any reason (that was a specialist, and not my Primary care physician that happened to) with what happened in my case yelling was justified. In yours... we can only guess what transpired. Maybe it was justified... maybe it wasn't. Being obnoxious or a PITA however isn't against the law as long as certain lines aren't crossed.

No rights violated, they are allowed to ask doctor for information, not illegal to ask, but illegal for him to give the information out. Unless you have given them permission'


They can be non professional and scream at the doctor, ( that is not screaming at you)

I would say, when you went to talk to them, your tone and attitude ? Could you have been rude, could you have raised your voice, cuold you more have told them you were going home, not ask them