Terminated for Violation - HELP!

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I'm actually not new to Allnurses but I created a new account, as I can't take too many chances of someone recognizing me. I'm sorry, it's just a complicated situation.

So without revealing too many details, I was recently terminated for being accused of a HIPAA violation. A patient's family member accused me of saying things to the patient in an area of the office that other people could overhear. No one else confirmed this, the patient did not complain, and I disputed the claim. My manager fought to keep my job, as did the HR department. Legal basically said that the complainer was threatening a lawsuit and it would be better if I was terminated.

I'm absolutely at a loss. My biggest issue is that at the clinic I worked for the offices were tiny and people in wheelchairs couldn't fit in with the door closed. That's basically what happened here and it has been complained about by the staff multiple times. I can't tell you how many times this was discussed and we told our managers that it was a very bad thing. It still has not been corrected and probably won't be any time soon so any other nurse in that dept has the danger of this happening to them.

I guess I have two questions. One, what in the world should I put on applications as to reason for termination? I have excellent references and reviews but I feel like this is going to hang over my head like a stone. Every person I worked with is in shock, continues to say what an amazing nurse I am, and the general consensus is "if they can do it to her, they can do it to anyone". Two, should I report the clinic for not correcting an issue that is only going to cause more potential HIPAA complaints in the future? Thank you for your help!

Specializes in Prison healthcare.

It is amazing to me that people lose their jobs for something like this. Of course, where I work, there can't be too much strictness with the HIPPAA laws, as we must have security present at all times, but even when I go to our rural clinic, you can hear what is being said in the next exam room without trying to. This is not due to it being a small town, either. I have been to several specialist in cities and have been able to hear other patient's exams while sitting in an adjacent room. The laws simply need to be re-evaluated or laws should be made to have sound-proofed exam rooms and definitely all healthcare facilities, be they large or small, should have easy access to private exam rooms for people in wheelchairs or other mobility aides. You were simply doing your job to the best of your ability and it is an outrage that you have lost the job you love for it. So sorry.

Specializes in ER.

I feel pretty strongly that based on what you've said, you did not violate any privacy acts. I would consult a lawyer...you may feel like you just want it over with now, but in a couple months you may regret not discussing your options, even if you never actually do anything. If they try to deny unemployment payments, for example, it may be important to know where you stand.

Specializes in Hospital Education Coordinator.

you have the right to be able to face the accuser. Talk to HR about this NOW and perhaps seek legal counsel. You have to know the reason for dismissal. As for future jobs, HR is only allowed to say how long you worked there and if you are eligible for re-hire or not.

Specializes in Med/Surg, Ortho, ASC.
you have the right to be able to face the accuser. Talk to HR about this NOW and perhaps seek legal counsel. You have to know the reason for dismissal. As for future jobs, HR is only allowed to say how long you worked there and if you are eligible for re-hire or not.

This is not accurate. It's an urban legend with legs.

HR is limited only to telling the truth. There are no such restrictions as mentioned above.

http://career-advice.monster.com/job-search/getting-started/what-can-employers-legally-say/article.aspx

Specializes in Home Health (PDN), Camp Nursing.
you have the right to be able to face the accuser. Talk to HR about this NOW and perhaps seek legal counsel. You have to know the reason for dismissal. As for future jobs, HR is only allowed to say how long you worked there and if you are eligible for re-hire or not.

Also your right to face your accuser only applies to criminal court. Employment termination is generally a civil matter as long as no protected status is violated.

I use my phone, to type, I work at night, and I'm a bad speller. Pick any reason you want for my misspellings

Thank you everyone for your encouragement and help. So far everyone that has heard the particulars of what happened has had the same opinion - none of it sounds right, I did the best thing for my patient, I did not commit a HIPAA violation, and my company used me as an "example" or "scapegoat". I've had many interviews and two job offers so far and feel like this is something I am going to have to leave in my past and move on from. Again, everything you have all said has made me feel far better about this situation and my place within in.

I was thinking of using something along the lines of: "Following a difference of opinion over a situation, it was determined that moving forward I would no longer be the best fit in the department". Does that sound ridiculous or evasive??

I would NOT use "difference of opinion". I would simply state that the culture on the unit was such that you were not a good fit. Period.

I would further ask HR if you can resign, as to not have a termination on your record. BUT if you are able to collect unemployment for being terminated, I would think carefully about that.

Depends on if you are able to have a great deal of jobs to choose from in your area.

Best wishes--and yes, you were definetely put in a tough spot.

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