Is This Legal? - page 2

I have been working for my current employer for 2 months. I have had a myriad of health problems from the get-go. I'm not sure, nor are the doctors (they're guessing auto-immune). Currently I have... Read More

  1. by   sharona97
    Thanks for the update. See you are already taking care of some things...school breakfasts & lunches. FMLA is in your favor.....don't know if you have short term disability........

    There are food shelves to help in situations like yours...I've had to resort at one time to utilize that option. Salvation Army or your local church may help if it comes to the holidays and you are still in the same position as today.

    The doctor is seeing you soon! To go over your tests. Be strong, think of taking care of you, somehow it all works out for a reason. Adversity I believe gives one strength.

    I'll keep you and your family in my prayers. I wish you well!

    Sharona
  2. by   EmmaG
    Quote from Emma123

    I like the idea of FMLA, and if it comes to it I will have no choice....but never thought of it, so thank you for that also.
    I'd suggest you get the paperwork moving on that right away. You can get the forms from HR. Here is something your doc can fill out too:

    http://www.dol.gov/esa/regs/complian...fmla/wh380.pdf

    Keep in mind you might not be covered if you've worked under a year for this hospital; it's up to your employer.
  3. by   Spidey's mom
    Quote from sharona97
    So sorry to hear of this happening to you. I am under the understadning that if an employer calls an ex-employer, the only language that can be discussed is if they (the ex emplyer) would consider you back as a rehire.
    This is my understanding as well . . . .

    steph
  4. by   firstaiddave908
    Quote from Emmanuel Goldstein
    I agree, it's certainly unethical. It may even be illegal. It wouldn't hurt to get an expert opinion on this; does this fall under HIPAA or other privacy law?
    Very Good point you made.
  5. by   SaderNurse05
    First, I am sorry you are having to go through this. I agree with other posters in the sense that things do have a way of working themselves out. Second, I am not sure that FMLA will be a viable option for you. My understanding is there are 3 requirements: certainly your illness will qualify for the first, but then I believe you have to have been at that employer for 12 months and to have worked at least 1250 hours in the previous 12 months. There is a calculation for part time. If things go completely south at your job then I would do everything I could to use the COBRA to keep your health insurance. Be aware many employers ( at least in my area) are hesitant to actually fire someone who is seriously sick. Another thing to consider is the American Disabilty Act. At some point it may be possible for this employer (or another) to do some minor accomodations to allow you to work. I think the advice to see a rheumatologist is on the mark. Know that many prayers are with you and God Bless.
  6. by   EmmaG
    Quote from Emma123
    Thank you all for your thoughtful and warm advice and concern. I called my PMD today. He said to get to the ER. I did.

    <snip>

    Anyway, about the boss. I called her from the ER today to tell her that I was getting some more testing done. She told me to have them test for group B strep. I told her that my CBC was fine, and what the doc said. She said, "Hmmm. Well keep me posted." She didn't seem nasty, just not "people friendly" as someone had mentioned in a post.

    I will keep all of my documentation. (CYA, I know). I just have my guard up right now. I don't trust her. I hate to say it, but it's how I feel.
    With good reason, it would seem.

    Just another suggestion, if you went to your own hospital's ER.

    Contact your hospital's compliance officer and tell them you don't wish to name names right now but that you have reason to believe a co-worker might have tried to access your medical record, and specifically that of your ER visit. Ask them to run an electronic audit on your entire chart record.

    Your manager has already acted inappropriately by attempting to dig for personal info from a previous employer, I wouldn't put it past her to have tried to dig into your current medical record as well.

    Protect yourself.
  7. by   Emma123
    On the subject of the EMR....
    I thought of that. But I had a different thought process about that. I figured she'd open up Cerner and help herself to make sure I wasn't "faking sick" (I only feel that way d/t her calling my former employer). But I thought of it this way: then she'd KNOW I wasn't faking. She's the employment coordinator; she probably knows how to go about wiping out her search of my file....who knows. Gosh I'm sounding like a CIA agent.

    About getting fired when sick. It happened to my Mom about 6 years ago. She worked at a rustic store. She started having seizures. Some where she'd wind up prone and stop breathing. Her boss's wife approached her and let her go, giving the reason that they were concerned for her health, and concerned for what would happen to them if anything happened to her on the job. I always wondered why my parents didn't look into that further. Except at that point she truly could NOT work. She held on until she couldn't.

    I will look into those forms and other info you've provided me, as well as the suggestions for other help.

    Thank you for caring.
    Sincerely
    Emma
  8. by   EmmaG
    Quote from Emma123
    On the subject of the EMR....
    I thought of that. But I had a different thought process about that. I figured she'd open up Cerner and help herself to make sure I wasn't "faking sick" (I only feel that way d/t her calling my former employer). But I thought of it this way: then she'd KNOW I wasn't faking. She's the employment coordinator; she probably knows how to go about wiping out her search of my file....who knows.
    Nonononononono....for her to do so is wrong on SO many levels. There is no justification. And you do not have to "prove" anything.

    Please ask for an audit.
    Last edit by EmmaG on Oct 16, '07
  9. by   Emma123
    Will do!!

    Will they tell me after they run the audit who did so? Or do they keep that confidential? I'll ask them about it. Thank you so much for caring. This may help me if it comes down to making a case for myself. I just hope and pray it doesn't come to that.

    I still can't believe my ankles today. This morning to put my feet on the floor was like shoving a hot poker up through to my knees. Getting worse by the day, and yet I still have to wait until tomorrow to go over everything. Each day that goes by that I get worse I'm getting antsier and more anxious. That's why I'm hanging out here (feet up off to the side) to try to derail my thoughts. I think I'm the world's biggest mass producer of tears....all I've done is cry. When I think I can't anymore, just wait....plenty more coming. eck!!!!

    I'll call HR. You are right to suggest that.

    Thanks again!
    Emma
  10. by   EmmaG
    Quote from Emma123
    Will do!!

    Will they tell me after they run the audit who did so? Or do they keep that confidential? I'll ask them about it. Thank you so much for caring. This may help me if it comes down to making a case for myself. I just hope and pray it doesn't come to that.

    I still can't believe my ankles today. This morning to put my feet on the floor was like shoving a hot poker up through to my knees. Getting worse by the day, and yet I still have to wait until tomorrow to go over everything. Each day that goes by that I get worse I'm getting antsier and more anxious. That's why I'm hanging out here (feet up off to the side) to try to derail my thoughts. I think I'm the world's biggest mass producer of tears....all I've done is cry. When I think I can't anymore, just wait....plenty more coming. eck!!!!

    I'll call HR. You are right to suggest that.

    Thanks again!
    Emma
    If I were you, I'd keep names out of the request. Just tell them you have reason to believe a co-worker has attempted to access your record and leave it at that. If they push for a name, just tell them you are not comfortable doing so at this time. I doubt they'd tell you who tried to access the chart, but then again they might. You can certainly ask that they at least verify your record was kept confidential (or not).

    We had random audits performed routinely on any patient chart, but with employee or high profile patients, it was automatic. Alot of people got burned that way...

    I hope you find out what's going on and start feeling better, hun. You have enough to worry about without adding this jerk to the mix.
  11. by   EmmaG
    Quote from Emma123
    I'll call HR. You are right to suggest that.

    Thanks again!
    Emma
    BTW, call your hospital's Compliance Officer. That would be the one to deal with HIPAA violations. They are also supposed to have a (usually toll-free) report line that is confidential for those who are afraid of reprisals. You could try that instead if your worried about this getting back to your manager.
  12. by   sharona97
    Quote from sharona97
    Thanks for the update. See you are already taking care of some things...school breakfasts & lunches. FMLA is in your favor.....don't know if you have short term disability........

    There are food shelves to help in situations like yours...I've had to resort at one time to utilize that option. Salvation Army or your local church may help if it comes to the holidays and you are still in the same position as today.

    The doctor is seeing you soon! To go over your tests. Be strong, think of taking care of you, somehow it all works out for a reason. Adversity I believe gives one strength.

    I'll keep you and your family in my prayers. I wish you well!

    Sharona
    Just read your update and wish there was some way to take the pain and misery away. Keep putting yourself first, getting thru the other posters suggestions on FMLA and computer chart checks and hopefully this will occupy you so the tears don't tear you up. Thinking of you.

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