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Discussion

Disciplinary action?? Really?

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?

Featured Replies

If it was not a HIPAA violation, I don't see why they can't show you these messages. I could understand why they couldn't if it contained patient info, but their investigation stated otherwise, so this makes no sense!

I would file a restraining order against that girl. She sounds crazy and any police documentation you can get to support that theory will only help you.

Oh, and I would NOT sign that paper until they have shown you these "messages." Let them know you will be contacting a lawyer.

Don't let these people walk all over you, the employer and this girl.

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.

I would call a lawyer immediately. It's serious when someone is going after your livelihood. In the interim sign nothing and don't write a rebuttal because you don't even know what you are rebutting without reading the actual texts. Who know if they are even yours.

This didn't even happen at work and wasn't a HIPAA violation so no idea what your employer is even thinking here. Get legal advise on this matter. You might need to take action against these people if they are going after your job. Take that very seriously. And I would also get the resume together and see what's out there. Once an employer comes after you like this it very rarely ends well. Good luck and pls keep us posted. Hang in there.

There used to be a site where you could text someone and put in another phone number. Not sure if is still around. I'm with happy2learn, this girlfriend sounds whacked. Just because in your mind, your husband and you have moved on, to this girlfriend, you may still be a threat (in her mind).

Eh, if a person has a phone that allows for PC connectivity and retrieval of messages, then those messages can be edited (or even fabricated) by said person.

Personal Opinion: Texting for anything other than notifications/services is pretty much idiocy.

You can't let this go,you need to take action now to protect yourself.-good luck and please keep us posted.It sounds like this chick is crazy and she won't stop with this.The last thing you need is her as a patient in your hospital accusing you of who-knows-what. I would also cut off all communication with the ex -phone,text,comptuter etc.Block and delete him.Do NOT accept any communication from him

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

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 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!

Sometimes employers just don't use any common sense. I once had a patient accuse me of taping her phones so I could listen to her private conversations. I don't even know what made her think that or decide to accuse me otehr than a good friend of mine was in a custody dispute with a friend of hers. Management actually called me in and talked to me about it...and they actually paid to have her phone line checked...weird. I never knew I was so powerful or smart that I could have an illegal tap placed on someone's phone! :)

They whole HIPAA thing gets misused quite a bit. I know a lot of people who use the term HIPAA when they should used privacy or confidentiality or simply "it is none of your business." I did some PRN shifts for a facility that had just terminated their DON,,,they put signs up in the breakroom reminding staff not to discuss the termination with residents since it was a violation of the former DON's HIPAA rights.

Sounds like the girlfriend is very jealous of you.

My verizon records show that I text my ex 2 times on 4/12 940pm.

I have contacted Verizon in an attempt to get copies of these text messages. 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.

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.

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... :\

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