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?
If you are being written up then you are COMPLETELY entitled to viewing these text messages. If they wish to redact the receiver or a name here or there, great.
If it did NOT happen on work time, then by all means you need to file a grievance and see if that does anything. While I'm sure *I* would not have the $$ to do this, you can do the lawyer thing and they'll be able to obtain this information lickity split, and get the writeup thrown out of court like *that*.
This is the one thing that having a union is a benefit... wish we had one, too. You don't have to pay for a lawyer in a case like this... :\
Even without the content, you should be able to get an official record from Verizon of the times and numbers of all your texts - if you show this to your manager with proof of who each number on the list is, then wouldn't that be evidence that you didn't send any texts that night related in any way to her other than the two to your ex? That would also show you didn't have your cell at work, and weren't sending texts from work.
I agree. I have T-mobile and all of my text messages (and phone calls) are displyed on my bill. Granted, it doesn't show what the texts say. But the dates, times, and phone numbers that I sent them to, or that I received them from, are very clear.
OP- It just seems like all of this can be proven fairly easily. I mean, can't the hospital check and see what days you worked, versus what days this girl was admitted or seen? Can't you provide proof of police reports (or the like), showing that you have had serious problems with her before?
It seems very odd that management would just take her word for it, especially with "e-mail" type printouts. (I'm with those who say they can be altered or created.) If it were me, I would definitely be bringing in all the ammo I had, to prove I was innocent of these accusations.
I agree. I have T-mobile and all of my text messages (and phone calls) are displyed on my bill. Granted, it doesn't show what the texts say. But the dates, times, and phone numbers that I sent them to, or that I received them from, are very clear.
OP- It just seems like all of this can be proven fairly easily. I mean, can't the hospital check and see what days you worked, versus what days this girl was admitted or seen? Can't you provide proof of police reports (or the like), showing that you have had serious problems with her before?
It seems very odd that management would just take her word for it, especially with "e-mail" type printouts. (I'm with those who say they can be altered or created.) If it were me, I would definitely be bringing in all the ammo I had, to prove I was innocent of these accusations.
This is exactly why I don't think the OP is being one hundred percent truthful! To me this would be very eSy to prove otherwise. She would have the verizon records. You are not just gonna get a level two discipline for nothing! What else happened trauma qn? What are you leaving out?
This is exactly why I don't think the OP is being one hundred percent truthful! To me this would be very eSy to prove otherwise. She would have the verizon records. You are not just gonna get a level two discipline for nothing! What else happened trauma qn? What are you leaving out?
My Verizon bill just shows how many texts I sent in a month...nothing about time, date, or content.
As it stands now, I have an appointment with Human Resources tomorrow. I have submitted official documentation from Verizon wireless proving that these texts were not sent while I was at work. I have been found innocent of any HIPAA violation following intense investigation by my employer. I also have copies of police reports from my home being vandalized (although, I was unable to prove it was her) and copies of 911 calls made by her pretending to be me (these were proven, cell phones have GPS so the police can pinpoint the location that the call was made from, coincedentally it was her house). What will become of this, I have no idea. Hopefully nothing, hopefully they will tear up the discipline and send me on my merry way.
I would love to hire a lawyer, but in talking with the attorney who handled my divorce it doesn't seem possible. It will be expensive and lengthy, and will not repair the damage done and any monetary reward would be minimal.
TO missy988:
"Something about this post isn't sounding right. I'm wondering if all the true facts have been brought to surface. You stated u were found innocent but it still left a bad taste in your emplorers mouth. If you were found innocent why are you stressing. Sounds fishy to me"
I would like to reply: There isn't anything fishy about this post. The true facts have been brought to the surface. No employer enjoys handling problems, and I don't want to appear like a problem. Someone had to paid to investigate all my key-strokes and I was discussed among the "higher ups" of my hospital in a negative light. I am sorry that I find a situation like this extremely stressful. I am a single parent and my job is extremely important to me. It is a horrible feeling to go into work everyday and hope it will not be your last.
"This is exactly why I don't think the OP is being one hundred percent truthful! To me this would be very eSy to prove otherwise. She would have the verizon records. You are not just gonna get a level two discipline for nothing! What else happened trauma qn? What are you leaving out?"
Many organizations have a habit of trying to accumulate as much negative information as they can for each of their employees while minimizing the amount of positive information they accumulate. This assists Human Resources in treating you as a disposable resource, and these same organizations will use any negative thing they can when the time comes to attempt to deny any unemployment benefits. In times like these, it is cost effective to rid the org of higher paid Nurses in favor of cheaper newer or desperate for employment Nurses, as long as they don't take a UE hit. If they can challenge and use something to get a denial of benefits, rest assured they will.
No truer words were ever spoken. And the fact that there are no grounds for this disciplinary action is irrelevant to the employer. That is why you need to get legal counsel involved. Hiring an attorney does not imply lengthy and expensive. Often only one letter from an attorney is all it takes to achieve the desired results. An attorney on your side to represent you would show the employer that you do not intend to take this lying down. It need not go any further than the employer seeing the light.
Had my meeting this am with HR. As if things couldn't get worse, they managed to. The head of HR and DON were waiting, I was tired (from working a 12 hour shift) and then they hit me with a TON of bricks. A new complaint of another HIPAA violation.
Apparently unsatisfied with the response recieved that I had not violated HIPAA, my ex-husbands father filed a complaint. I am unsure of when the complaint was filed, but I was again investigated (though not as intensely, they looked him up and looked at who else had looked him up). Again cleared of any violation of anyones privacy.
On the upside, my employer now understands that these people are simply out to get me in trouble/fired. I no longer have a Level 2 discipline on file, but a detailed statement of events and various documents proving that I have done nothing wrong. They also stated that they are behind me 100% if this goes any further, like to the Dept of Public Health and doubt very seriously if it will.
I can not believe this is happening to me. I can not fathom why these people are doing this to me. We did not have a "messy" divorce. Aside from taking forever, it wasn't that bad. We have no mutual children, I let him keep the house, we took our vehicles and went our separate ways.
I called my lawyer and made an appointment first thing Monday morning. This seems like harrassment to me, but I'm no lawyer.
I highly doubt it will end with this either. I am seriously considering relocating, even looking into travel nursing. It is sad that I am being run out of town, but I really see no other options.
No truer words were ever spoken. And the fact that there are no grounds for this disciplinary action is irrelevant to the employer. That is why you need to get legal counsel involved. Hiring an attorney does not imply lengthy and expensive. Often only one letter from an attorney is all it takes to achieve the desired results. An attorney on your side to represent you would show the employer that you do not intend to take this lying down. It need not go any further than the employer seeing the light.
So very true. I spoke with my divorce attorney today, and hopefully there will be some kind of quick, cheap fix to this whole thing.
I'm just sending cyber support. If you have a strong support system your comunnity I'd consider hunkering down and fighting. Otherwise, a fresh start is a wonderful exciting possibility as well. Much to consider, but don't let any man run you out of town.
shiccy
379 Posts
If you are being written up then you are COMPLETELY entitled to viewing these text messages. If they wish to redact the receiver or a name here or there, great.
If it did NOT happen on work time, then by all means you need to file a grievance and see if that does anything. While I'm sure *I* would not have the $$ to do this, you can do the lawyer thing and they'll be able to obtain this information lickity split, and get the writeup thrown out of court like *that*.
This is the one thing that having a union is a benefit... wish we had one, too. You don't have to pay for a lawyer in a case like this... :\