[luvmycats]

I was diagnosed with a disease a year and a half ago while I was employed at my latest job. I took a half a day off to go get the results, when I received them I called my supervisor to inform her that I would not be back at all that day that I got some devastating news. I did not confirm with her my actual diagnosis as she has a recorded line. The following business day she pulls me into an office to inform me that she assumed my illness and told all of the supervisors in our department, 2 people in management and the head of H.R. I have since taken fmla and short term disability to get on corrective treatments and after 5 months of time off I sent my employer my release to go back to work. They in turn put me on inactive employment for 60 days to find another position in the company since mine was filled. I filled out over 150 application to get most of them back as rejections, and I also found out that there are now 2 position available in my old department. To date I am now unemployed since the 60 days expired with not one single interview or job offer, and my health status was disclosed without my knowledge or consent. Was my old employer in any violation of hipaa laws or state laws??
I apologize if this is not in the correct topic, but I am new at this and I didn't see one for my specific question.
Thanks.
Marie Scott

[Choux]

Having a job is not an *entitlement* for life. Also, depending on your insurance, you may have signed consent for your employer to have copies of your medical treatment sent to them on request.

If your employer decides that you are not fit for employment for any variety of reasons... can't do your work, scare the other employees, can't take direction, and so forth, they make your life unpleasant until you 'go away' to another job.

Best wishes in 2008,

[Fr_Chuck]

Ok if you were on leave, and was approved for the leave and if you got a full release ( not a restricted release) then by the laws of the leave, they have to take you back unless there were layoffs to a point that your position would have been eliminated. I don't believe they broke any other laws but I believe they had to take you back into some simiular job, even if a person of lessor seniority had to be laid off.

Now depending on where you lived, they could fire you on the second day back, but they would have had to take you back.

Yes you have a case against them for violation of the leave act

[JudyKayTee]

Ok if you were on leave, and was approved for the leave and if you got a full release ( not a restricted release) then by the laws of the leave, they have to take you back unless there were layoffs to a point that your position would have been eliminated. I don't beleive they broke any other laws but I beleive they had to take you back into some simiular job, even if a person of lessor seniority had to be layed off.

now depending on where you lived, they could fire you on the second day back, but they would have had to take you back.

yes you have a case against them for violation of the leave act

I agree with FrChuck. Some of this depends on how many employees there are, also and which State. I don't know why, if this is an issue, as FrChuck said your former employer doesn't take you back and then fire you and cover their tails.

I don't see a HIPAA violation here.

If you do decide on a lawsuit everything else that was said applies and I think you have a very large burden of proof - can you PROVE you are not being rehired because of your illness?

[edsnopse]

Luv - I'm sorry to hear about your illness.

At the federal level, Disability is one of the protected classes for discrimination. It seems like your situation falls into this area. Also, I have no idea of your age, but Age is another protected class.

I agree with the other posters that your job shouldn't have been filled under the Family Leave Act - also at the federal level.

Hipaa does have a privacy rule. I don't know how that applies to employers as opposed to medical authorities. You may want to Google that combination. Your state may also have its own privacy laws. Search on this site for an excellent recent post by WildSporty using: hipaa state privacy. Hipaa carries fines. For a lawsuit, I think you'd have to prove damage: like emotional distress, loss of income, etc.

[JudyKayTee]

Luv - I'm sorry to hear about your illness.

At the federal level, Disability is one of the protected classes for discrimination. It seems like your situation falls into this area. Also, I have no idea of your age, but Age is another protected class.

I agree with the other posters that your job shouldn't have been filled under the Family Leave Act - also at the federal level.

Hipaa does have a privacy rule. I don't know how that applies to employers as opposed to medical authorities. You may want to google that combination. Your state may also have its own privacy laws. Search on this site for an excellent recent post by WildSporty using: hipaa state privacy. Hipaa carries fines. For a lawsuit, I think you'd have to prove damage: like emotional distress, loss of income, etc.

You are confusing HIPAA violations and the procedures and fines and lawsuits.

And, yes, for a lawsuit there would be very high standard of proof.

I don't know what Wildsport quoted but I don't see the violation of HIPAA here.