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leon58 · Jul 14, 2012, 07:10 AM

I had previously worked for a nursing home . Since then I have been trying to get employment elsewhere in the nursing field. My past employer has but in my records that attendance was the issues and I'm not a rehire for them . What I'm trying to find out can they have that in my records so others that I have applied for can see that ? I thought that all they could say was the dates I worked and if I was a rehire or not . For what they have put in the system for others to see I'm unable to get work anywhere . Can I get some answers of if they can do this to me .

AK lawyer · Jul 14, 2012, 07:15 AM

Originally Posted by leon58

i... in my records that attendance was the issues and i'm not a rehire for them .
...
what i'm trying to find out can they have that in my records so others that i have applied for can see that ...

It's not a HIPAA issue at all; you were not a patient.

But yes. Of course your former employer can have "attendence issues" in your records. And if potential employers ask, they can be told that. Is it true?

leon58 · Jul 14, 2012, 07:21 AM

Originally Posted by AK lawyer

It's not a HIPAA issue at all; you were not a patient.

But yes. Of course your former employer can have "attendence issues" in your records. And if potential employers ask, they can be told that. Is it true?

But they aren't taking into concideration of me being in the hospital a couple of times that they had in their policies and now they are saying attendance and I'm unable to get a job cause of that . Isn't there something I can do .

AK lawyer · Jul 14, 2012, 07:33 AM

Originally Posted by leon58

but they aren't taking into concideration of me being in the hospital a couple of times that they had in their policies and now they are saying attendence and i'm unable to get a job cause of that . isn't there something i can do .

Find out exactly what they are reporting to potential employers. If it's untrue or perhaps misleading, they have been exposing themselves to liability for defamation. You might want to have an attorney write them a letter.

But it looks like they could truthfully say that there were "attendance issues", even of those issues concerned hospitalization which was permitted by their policies. Were you denied unemployment insurance benefits? Do you know that you are not finding work because of this? If so, your best course of action would be to explain what happened when you apply for work.

ScottGem · Jul 14, 2012, 09:59 AM

First, it is not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

The previous question was a 5 year thread about HIPAA violations. HIPAA has nothing to do with your situation. There is also a myth that an employer is restricted to what they can say about a former employee. The only restriction is that they tell th truth. If you were terminated because of attendance issues then they can say that.