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?
What a nightmare! But thank goodness your employer now sees that these people are out to get you. That sounds like harassment to me as well. I would be filing for harassment. They have no reason or right to contact your place of employment.
I don't think moving will do anything. I bet they would find you somehow and do this all over again and you may not have an employer that would back you up all the way.
I am very glad to hear that your management has seen the light, as it were. However, even though they're saying you've been cleared of everything and no longer have the disciplinary action on your record, I'd suggest you request a written statement from your DON & head of HR, explicitly stating that these complaints have been investigated and found to be frivolous and apparently malicious in origin. Call me a cynic, but some people can be behind you 100% one day and turn on you the next. When that happens, it's always useful to have someone's words out there for the record.
In addition, if there's a change in leadership in the next year and someone brand-new comes in, your ex-husband's family could well try another such maneuver. With the statement, you'll have clear testimony from the former management, in addition to the documentation from the investigation, to help establish your innocence to the new regime. It might sound unnecessary, but it's ALWAYS better to play it safe in that type of situation!
As for your former in-laws...wow! Perhaps a cease and desist letter from your attorney would help.
I am sorry to hear that you are considering relocating to deal with the harassment. But I want to encourage you to make the decision sooner rather than later. I left the area to get away from physical harassment and stalking and while the problem did not disappear as I had hoped in my wildest dreams, there was a let up, and I was very sorry that I had waited so long. It doesn't pay to remain in an area where your everyday existence is made miserable by people who know they can get away with their despicable behavior.
I am sorry to hear that you are considering relocating to deal with the harassment. But I want to encourage you to make the decision sooner rather than later. I left the area to get away from physical harassment and stalking and while the problem did not disappear as I had hoped in my wildest dreams, there was a let up, and I was very sorry that I had waited so long. It doesn't pay to remain in an area where your everyday existence is made miserable by people who know they can get away with their despicable behavior.
I agree with this. You shouldn't take the issue lightly, because you never know when they will strike or what they will do. I had a situation with an ex who kept harassing me. Not only did he come to my home bothering me, and call me non-stop, but he would cause problems for me at work, as well. He even went to my supervisor with lies. I didn't leave the area, but I did have to make some major changes.
Initially, I got a new job, but he found out where I was and started calling me there. He even cursed out a few of my co-workers, when they wouldn't let him speak to me. So I changed jobs again, got a new phone number and e-mail address, moved to another home, and eventually even bought a new car. I also stopped communicating with the friends we had in common, for fear that they were telling him what was going on with me.
I filed three police reports during the time he was harassing me, and told him so, to try and scare him. I also considered filing for a restraining order. But after all the changes I made, he could no longer locate me.
OP- It might not be a bad idea to get them served with something in writing, to let them know you are serious and aren't going to take their bullying. If that doesn't work, you might truly consider moving out of the area and starting fresh.
I was told outright that I did not have grounds for a restraining order and was discouraged from even inquiring about one. To this day, I am aware of the continued "involvement". A special place in Hell for them is all I can say.
I'm so sorry this is happening to you. I'm so happy you are meeting with a lawyer and one that specializes in employment law might be best. I think this is urgent as my guess is their next move will be to go after your license. Keep a copy of all your documents. Put them in a safety deposit box or let a family member you really trust have a copy. And start a log ASAP.
I'm thinking maybe they will send a Cease and Desist letter. That can be drafted and sent by your attorney. It will put them on notice and let them know you have gotten legal help on your side. You can also sue them for slander if it doesn't stop.
And while I don't want you to move I wouldn't be against it in the long run if it is best for your emotional and physical health.
I was told outright that I did not have grounds for a restraining order and was discouraged from even inquiring about one. To this day, I am aware of the continued "involvement". A special place in Hell for them is all I can say.
To be honest, I have no idea if I actually had grounds for one or not. I just know that the three times the cops came to my house, they tried to convince me to file one. But I was hesitant to do so. I suppose it depends on the circumstances and how severe they are. But it wouldn't hurt for the OP to find out.
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
Don't ever put anything past a vindictive former spouse/lover/partner and the new person in his/her life. Some people get so caught up in rage that they will stop at nothing to destroy a person's life. You would think that most people would get over it and move on with their lives but a surprising number of people just get caught up in their anger and cannot let go.
I disagree. I would be stressing too if I were in this situation! It is always stressful whenever people are accusing you of doing something wrong...whether you did something wrong or not is not something I can judge by the OP's post.
To me, it doesn't sound like you did anything wrong and I would highly suggest that you contact an attorney ASAP!
I agree. The employer now has a little notion in the back of their head that this girl is trouble. It doesn't matter that she was cleared, they'll always have that little doubt and when something else happens (hopefully it won't) they will remember this incident. And when they remember this incident, they won't remember that she's been cleared, they'll remember what the person reported and what a headache it caused.
happy2learn
1,118 Posts
What a nightmare! But thank goodness your employer now sees that these people are out to get you. That sounds like harassment to me as well. I would be filing for harassment. They have no reason or right to contact your place of employment.
I don't think moving will do anything. I bet they would find you somehow and do this all over again and you may not have an employer that would back you up all the way.
Stay strong!