Captain_Panic1647545539 Posted June 20, 2013 Report Share Posted June 20, 2013 So I found out that one of my managers decided to discuss my personal medical history with my new store manager, even though it has no bearing on my performance whatsoever. Is this grounds for legal action? I no longer feel comfortable working around this manager, and while I don't really want to have to take legal action, enough is enough. Any law savvy members have some insight on this? Quote Link to comment Share on other sites More sharing options...
schmuckingham Posted June 20, 2013 Report Share Posted June 20, 2013 DO you still work for the same company? just a different manager? Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 Yeah same store and everything. This happened a few days ago. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted June 20, 2013 Report Share Posted June 20, 2013 Yes, you have a case under Federal Law HIPAA (Health Insurance Portability Accountability Act). I work in HR and this is a HUGE no no. Big time. Don't expect some financial settlement or anything, and really not much will be done, but this is a big mistake that could lead to criminal charges under HIPAA violations. More can be found by reading here: http://www.hhs.gov/ocr/privacy/ Just one question. Have you given permission for anyone to discuss your information outside of your direct manager and HR? Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 Just one question. Have you given permission for anyone to discuss your information outside of your direct manager and HR? I had discussed this stuff with him long before I had started working there, and never once gave him permission to discuss anything with anyone. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted June 20, 2013 Report Share Posted June 20, 2013 To clarify, do you report to the guy who said stuff, and he reports to the guy that he told? You>Him>New guy, correct? If it hinders your job in any way (time off on FMLA, personal leave, etc), he is allowed to indicate that you have a medical condition, but not allowed to get into specifics unless given permission. I am not lawyer or an expert on employment law, but I know enough to train people not to do this crap. So, take what I say into consideration, but please do not interpret it as the end all be all. Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 And I couldn't care less about money. I am just sick of putting up with shit like this. Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted June 20, 2013 Report Share Posted June 20, 2013 I'm not speaking from experience or a knowledgeable point of view here; so take this with a grain of salt. But I would look for a new job if I were you. It sounds like you aren't happy there. If you take action on this at the very least expect for things to get worse, or at worst you will lose your job. They may not have legal grounds to let you go, but that doesn't mean that it won't negatively effect your financial situation. I would expect to lose my job if I took action on this and made sure I was financially sound enough to bear this. If not, wait until you are out of your job. Also make sure you document everything. And before you do anything, go talk to a lawyer. For what it's worth, I've been in a pretty shitty work situation for a while and I'll be in a new job on Monday. Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 I get calls with job offers every other week or so, just none that make me want to get out of where I am yet. I am well aware of the potential adverse effects of pursuing action here, but I am tired of sitting on the side lines getting shit on. Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted June 20, 2013 Report Share Posted June 20, 2013 I get calls with job offers every other week or so, just none that make me want to get out of where I am yet. ...I am tired of sitting on the side lines getting shit on. These 2 things done jib. I waited too long; it wasn't worth it. Is it a pay issue, job offers can't touch what you are currently making? That's the only thing that makes sense. I am well aware of the potential adverse effects of pursuing action here... Just wanting to make sure you are rationally thinking it through. I almost walked out a few times. I'm glad I didn't. Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 "Protected Health Information. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."12 " This, to me, encompasses the issue. But not being a lawyer, I can't be 100% positive. Quote Link to comment Share on other sites More sharing options...
Mensan Posted June 20, 2013 Report Share Posted June 20, 2013 If you sue your employer for any reason, expect to find a new job. Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 If you sue your employer for any reason, expect to find a new job. I have no issues with this. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted June 20, 2013 Report Share Posted June 20, 2013 If you sue your employer for any reason, expect to find a new job. ^^ this....and if it's of no concern, then why bother getting into the thick of it all? what's going to come to you in the end? gotta weigh that in. Quote Link to comment Share on other sites More sharing options...
Jackson1647545504 Posted June 20, 2013 Report Share Posted June 20, 2013 I have no issues with this. Just get a new job ... legal recourse is a waste of your time .... regardless if you're right or not ... if there is no financial impact then no one cares Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 20, 2013 Author Report Share Posted June 20, 2013 Just get a new job ... legal recourse is a waste of your time .... regardless if you're right or not ... if there is no financial impact then no one cares While I do agree, I don't enjoy just sitting around when someone does something illegal to me or against me. Quote Link to comment Share on other sites More sharing options...
schmuckingham Posted June 21, 2013 Report Share Posted June 21, 2013 I get the feeling we aren't getting the whole story, I would have to assume this "medical illness" somehow effects his job or his potential employment. Quote Link to comment Share on other sites More sharing options...
Captain_Panic1647545539 Posted June 21, 2013 Author Report Share Posted June 21, 2013 Incorrect assumption. It is the principle of someone sharing very personal information with someone that doesn't need to know, and didn't even ask. Quote Link to comment Share on other sites More sharing options...
01sentrase2.0 Posted June 21, 2013 Report Share Posted June 21, 2013 I understand it was wrong of the guy to tell the new manager your situation. If it hasn't affected your job, relationship with new manager, and won't cause a change of pay, then why worry about it? Why not wait and see if anything is said about the medical history by the new manager and then have an issue with it? why not just leave and take one of the other offers you have had? Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted June 21, 2013 Report Share Posted June 21, 2013 While I agree 100% with everyone saying to either find a new job or let it go, you will however not be finding a new job if you sue. You are instantly put into a non retaliation protected class if you sue. Sure, they can fire you, but now you have a HIPAA lawsuit discrimination claim against them too. You become what we refer to as "an untouchable". Obviously as an employer, I will say, for every lawyer you have, we have 5. And more money. Prove that he told the guy about your condition. If you can't, don't bother. Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted June 21, 2013 Report Share Posted June 21, 2013 You become what we refer to as "an untouchable" Is he really? I know 2... maybe 3 people that should be 'untouchable' and they've had very good jobs for a while. We are talking about felons here working in 6 figure jobs. I'm not saying it doesn't make it a little trickier but by the time anyone finds out about this stuff they already want you and you want to work for them. The rest is just details. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted June 21, 2013 Report Share Posted June 21, 2013 It's certainly a gray area. The bottom line is, you can terminate anyone at anytime for any reason as Ohio is an employment at will state, but 99% of employers would REALLY hesitate to terminate someone who is suing them or has sued them in the recent past. Retaliation claims are extremely easy to win for the EMPLOYEE. Now, if the employer has specific documented examples of poor performance that hasn't been skued because of the lawsuit, and the normal progressive discipline was done (per your associate handbook), they become less untouchable, but expect to still have a lawsuit filed if you terminate someone who sued you. Quote Link to comment Share on other sites More sharing options...
evan9381 Posted June 21, 2013 Report Share Posted June 21, 2013 Is he really? I know 2... maybe 3 people that should be 'untouchable' and they've had very good jobs for a while. We are talking about felons here working in 6 figure jobs. I'm not saying it doesn't make it a little trickier but by the time anyone finds out about this stuff they already want you and you want to work for them. The rest is just details. I think he meant that his current employer cant touch him because he sues them for that shit...they cant retaliate...at least thats how i read it. Quote Link to comment Share on other sites More sharing options...
Drewhop Posted June 21, 2013 Report Share Posted June 21, 2013 Only problem I see is personally I cant justify wanting to waste my money or time in a lawsuit that would gain nothing just to prove a point. I got better things to do with my time and money. If its that bad I would gtfo and never think of them again. Now if this information sharing was costing me money. Because of lack of promotion or further career potential. Then fuck yeah put there balls in a vice. Quote Link to comment Share on other sites More sharing options...
Archie Posted June 21, 2013 Report Share Posted June 21, 2013 Herpes? Quote Link to comment Share on other sites More sharing options...
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