[Advice Needed]

I recently was terminated from a job after I filed a complaint to HR regarding my supervisors actions. After giving birth to my son and a year of followed ups & downs including a divorce, I suffered from complicated migraines, anxiety attacks and a mild case of depression. Through this time and to help control the migrains and anxiety attacks that had previously landed me in the hospital, I was given a few prescriptions to help control the situations. One was Effexor, One was Xanax --a VERY low dose only as needed, and one was a migraine medication to use as needed. Both the Xanax and Miagraine med had precautions to use when operating a vehicle. I drove a company vehicle in my position. However I never drove the car under the use of any of these medications. My instruction from the Dr was to take the controlled substances only at home or have someone drive me home.
On the occasion that caused the issue with my supervisor, after a very stressful week at work I had fought symptoms of the miagraine with over the counter as I had been instructed for several days. As I could feel the symptoms coming on stronger I left work sick and went home for the day so I could take the needed stronger meds and go to bed. I called my supervisor to let him know that I was sick and needed to go home. He of course wanted to know what kind of 'sick' - not because of any previous problems just because this was the kind of supervisor he was. Extremely controlling. I told him I had a miagraine and needed to go home to take the medication needed and it required me to not drive when I took it, and I would need to sleep it off to get rid of the migraine. He continued to call me that afternoon and the following day, stating I needed a letter from my doctor that I was stable and released to work for the company with these "issues" that I had. He wanted the letter faxed to his office. The number he provided was a community fax on the sales floor of our company. The doctors office felt uncomfortable with this and sent a very vauge note stating I was under his care and able to perform the tasks of my job efficiently. My supervisor then said this was not enough and he wanted a letter from the doctor that stated the meds I was prescribed and how often I should take them, etc. I was working out of town that day and my supervisor called and told me he must have the letter in his office that day or I would not be able to drive the company vehicle. And since I was out of town I had to have it faxed ASAP to HR. However the number he gave me was not to HR it was to another open fax line within the sales office. Again my doctor was not comfortable with this and with this request had me send them a letter telling them to release this information-- They told me that my company was overstepping several legal matters and I needed to let them know that. Again the number that my supervisor provided was a fax line and the information he requested was sent to the fax. Apparently my supervisor was not in the office when the letter he had demanded come across and the letter was passed around the office to several people, which obvioulsy was humiliating and embarrassing to me. It finally landed in the persons hand who does payroll and she called me to find out why something like that was faxed to the sales office and who requested it. She told me that it was against the law for him to request that. So I contacted my companies HR immediately to let them know what was going on. I never received a call back for over 2 weeks. After an email to HR, threatening to contact corporate I was set up for a meeting. Then while they were investigating this 'matter' and NO corrective action was made on anyone concerning it, I was terminated because they had the IT department look into my email on the server and see that I had received non work related emails to my work email address from family and friends. Apparently I had signed an electronic form - that was over 150 pages - and it states that although laptops are take home equipment personal use is prohibited and could lead corrective action up to termination. Up until this point I had never had any corrective action toward me in any position I had held with that company or any previous. I was a recognized sales rep who held a great reputation with customers and co-workers.

Do I have any legal rights in this situation for a law suit of the company for HIPAA and for being terminated unjustfully?

[tickle]

Your post was very well put forward and usually a non paragraphed post is very difficult to follow,your thoughts were there and quite plain. I think your direct supervisor was out of bounds and your doctor was right, he was violoating a few legal issues regarding employee information.

As for the nit picking about the e mails and using the laptop, well that's another issue but they are basically trying to cover up the mistakes they made in asking you for verification of doctor's note. And there was a lot of personal information he wanted divulged which wasn't necessary, and your doctor noticed that.

Yes, I would report it, but make sure you have all your 'i' s and 't' s crossed when you do it and get a good lawyer versed in the HIPPA laws.

Sorry to hear you had to go through that, but it gets right down to basics of 'can you afford a lengthy battle with these people'. I think this I the reason that not many go down this avenue.

Good luck

[MS Muzny]

I was fired for a HIPAA violation and do not think it was warranted. I am a scheduler at a busy family practice. They are completely EHR and in order to schedule patients we are often in their charts. We had been told on numerous occasions to look in patients charts to schedule them correctly, for example a patient who has diabetes needs 30 minutes for some providers. We also had to check and see if it is time for their yearly physicals and labwork. In order to do this we have to be in their charts. On this particular day I answered a call from a very distraught patient who stated that on her check out sheet was a diagnosis of Stage II kidney failure. She asked that I find on what date that diagnosis was given. I went through each of her visits and checked her lab trying to assist her. I explained to the patient what I was doing and that I would have either the doctor or nurse contact her that day. I then checked later that day to make sure that her message had been taken care of. I did put a message out to the physician and stated exactly what the patient had said. After the call I did discuss this with my co-workers but not at any time did I state the patients name, only the situation. I am extremely upset about this as I do not feel I violated HIPAA regulations. I truly felt that I helped the patient and at the end of the call she had calmed down. Did I violate HIPAA?