Disciplinary action?? Really?

[traumaQN]

was asked into the Directors office at the hospital where I am employed at as a registered nurse. I was told that they had been investigating me for a HIPAA violation brought to them by a patient (my exs girlfriend). She went to them in April with a text msg that I had sent to her. I was not allowed to see the msg (to protect the patients privacy). The texts were printed out in email form w/time stamp of 4/13 745am. I was at work @ that time. My verizon records show that I text my ex 2 times on 4/12 940pm. My employer is very upset w/ me regarding verbage used in msg. I recieved a Level 2 discipline stating "while the results of the investigation showed no HIPAA violation of privacy on XX part, her behavior and actions are unacceptable."

Is there anything I can do about this? I have had problems with my ex and his girlfriend since March 2009. They have stolen property from me and vandalized my home.

I have contacted Verizon in an attempt to get copies of these text messages. As I recall, they began with him texting me about the title of his vehicle (which he has misplaced) and had nothing to do with his girlfriend. Verizon said that it would require a court order and due to the length of time that has now passed they are unsure they even have the records.

I do not know his girlfriends phone number, I do not know who her doctor is, nor am I aware of any of her medical history. I have never treated her in the emergency room where I work, I don't even know if she had ever been into the emergency where I work.

I have not signed the disciplinary action form, and have been told that I can write a response to go with it in my personal file. Can my job even do this? Can they write me up for something that a)did not occur in the workplace and b)was investigated by them and found to be not a violation of HIPAA?

[netglow, ASN, RN]

OP, don't know what in your communication was attributed to being unacceptable to your workplace. Obviously you can't be more specific, but it seems that you got a big reminder that...

EVERYTHING YOU SAY OR DO WHILE AT WORK ON COMPANY TIME IS THE COMPANY'S BUSINESS TO KNOW.

(and that unfortunately is the truth these days, like it or not)

Don't ever forget it. Do not have your cell on at work. If you need to check, do so on a break (in case of emergency, or kids). Otherwise none, nada. Wait till you are in your car and on your way home. You need to WYA a little more.

[scoochy]

Consult an attorney.

[traumaQN]

I didn't have my cell at work. Those were the time stamps from when she printed out the texts. The texts were the night before when I was at home on my couch.

[NRSKarenRN, BSN, RN]

Yes you can be disciplined for texting during work time when non-job related.... in the good old days, had a colleague get fired for using work phone with call to home number which lasted 1 hour --out of 12 hr shift.

[Ruby Vee, BSN]

sounds like your ex and his new girlfriend are trying to create problems for you at work. are you having some sort of dispute with them that is ongoing? i can't figure out why they'd do this if everyone involved has moved on.

[spacemom1]

People, she is saying that this didnt happen when she was at work. It happened OFF WORK HOURS and had nothing to do with work or HIPPA or her Ex's girlfriends treatment, etc. I agree that you need to get an attorney. What did they say when you mentioned that this wasnt even on work hours or about anything medical or HIPPA related?

[netglow, ASN, RN]

Well, then I'd get your info to your boss to clarify. Don't know why they care BUT if you get colorful in your anger and your workplace gets a whiff of you showing your colors, then unfortunately impressions are formed. I think you should keep in mind that you might want to consult counsel.

Hey, that's one of the reasons texting is beneath me...

[classicdame, MSN, EdD]

I would not sign either until given "proof". This is not medical information and may not be covered by HIPAA. You have the right to face your accusers. Consult a lawyer.

[traumaQN]

Thanks for all of your input. I don't know why this girl has a problem with me. My ex and I had filed for divorce before they ever met. I have never met her or spoken to her, yet I feel like she has it out for me.

We live in a very small town, and I really feel like a)she made this up to get me fired and b) even though proven innocent it leaves a bad taste in my employers mouth.

I have yet to see the content of these "text" messages.

[TickyRN]

You need a lawyer asap. You were texting at home not on company's time. Next thing you know they 'll be dictating what you can or cannot do on your days off.

"while the results of the investigation showed no HIPAA violation of privacy on XX part, her behavior and actions are unacceptable." if there are no HIPAA violations then it is none of their business.

[TDCHIM]

Could the messages cited have violated some sort of morals or character clause in your job description or contract? As I recall, nurses on this site have mentioned such clauses as being fairly common in nursing jobs. If the messages were that sort of thing, perhaps you could be punished for your off-hours behavior as a result. I'm not really sure how that sort of thing works, so I hope others with more information will chime in....