[abbyt041]

I was recently fired from my job for violating HIPAA for allegedly leaving a door open to a shed that contains charts of present and former patients. No charts are known to have been taken. I insist that I locked it, but that is not the point. They had no proof that I did not lock it and the fact that there are 30 other employees with a key to that shed, leaves reasonable doubt. At any rate, I was fired. I argue that since no charts were taken that there was no violation of HIPAA and at most I am (allegedly) guilty of violating company policy. My former employer has told me that if a prospective employer asks her why I was fired she will tell them it was for HIPAA violation, I don't think that is accurate or fair, what do you think?

[Emland]

I would recommend that you file for unemployment benefits with your state. If the former employer fights it, they will have to be prepared to prove their allegation.

If all is as you say then you will be eligible for benefits since you were released without cause. What you describe is not a HIPAA violation since no records were divulged.

[ScottGem]

Frankly, assuming you did leave the area unlocked, then it could be considered a HIPAA violation. One of the charges of HIPAA is to secure personal information. But not locking the room where the records were kept, you did violate that charge.

I think you have a better case of claiming that you were singled out without proof.