Is This Legal?

Nurses General Nursing

Published

I have been working for my current employer for 2 months. I have had a myriad of health problems from the get-go. I'm not sure, nor are the doctors (they're guessing auto-immune). Currently I have swollen, red/purple, very painful ankles. I was seen Thursday with just redness and slight swelling (with difficulty walking). Labs only showed slightly abnormal SED rate, 22. On Saturday, my ankles swelled, very very red, hot to the touch. Painful, can't walk. As wide as my calf muscles. Repeat labwork, nothing showed. But SED was 34.

The ER doc is guessing vasculitis. PMD says no, cellulitis. Been on Keflex almost 36 hours, getting worse. Returning to PMD today. Have had work slips for this time off....but I need to get back to work. I'm in so much pain, getting worse, not happy with being off of work b/c I have three kids to support. I'm freaking out.

Now to my question: Prior to the onset of this, 2 wks prior to be exact, I was out d/t sinusitis/bronchitis, high fever, nausea/vomiting. Was on a course of doxycyline, and two days left to go on it, developed this "cellulitis".

Anyway, when I had the bronchitis, my boss called me at home to tell me, "I've called your former boss at the agency you worked at. I said, 'How was she for you?' Your boss said you were great. So what I'm wondering is, are you happy here? I mean, frankly you're not what I expected. I don't want to put you on the schedule if it's going to make you sick."

Is it even legal to call a former boss inquiring about my work with them, after I've been working there two months? Legal or not, it really hurt my feelings. I don't like being sick. I have a strong family hx of auto-immune diseases, and the urgent care doctor happened to ask me if I'd been worked up for Lupus.

I'm upset. I'm scared. So nervous that I'm having lots of crying spells at home, lots of anxiety, heart palpitations, stomach pain, particularly when it growls. Gives new meaning to the word "hunger pains".

I want to confront my boss. I do have doctor's slips which I've faxed to her. The doc said, "No way" to working. It's not like I'm vacationing and enjoying myself. I'm just worried sick and in a LOT of pain. To walk is killing me.

Wouldn't you feel horrible if your boss went behind your back and called your former employer? That all should've been done when she hired me, not two months after.

Do you have any suggestons for me on what I could say to her? Or is what she did perfectly legal and logical? It just feels awful, to have your integrity questioned....

Thank you so much for your insight you may have.

Sincerely,

Emma

Thank you all for your thoughtful and warm advice and concern. I called my PMD today. He said to get to the ER. I did. My SED rate today was 54. RA factor was negative. Awaiting ANA/ANC. Have appt Wed to discuss the final results with PMD. They gave me some toradol; that helped. Pain medicine, sent me on my way.

Don't know why, but started to cry when he was taking my IV out. Guess that when I think of all the nasty things I have seen friends, and my Mom go through with Lupus makes this a scary thing for me. Of course I don't know yet that that is what it is but the doc said, "This is certainly not an infectious process." I asked him if I should remain on the Keflex, then. He said yes, not to stop it once I've started it.

Just giving an update....

Anyway, about the boss. I called her from the ER today to tell her that I was getting some more testing done. She told me to have them test for group B strep. I told her that my CBC was fine, and what the doc said. She said, "Hmmm. Well keep me posted." She didn't seem nasty, just not "people friendly" as someone had mentioned in a post.

I will keep all of my documentation. (CYA, I know). I just have my guard up right now. I don't trust her. I hate to say it, but it's how I feel. I do need this job, mainly because of the benefits that I must have now, especially facing whatever will be coming my way here.

I like the idea of FMLA, and if it comes to it I will have no choice....but never thought of it, so thank you for that also. My biggest problem is how to feed the kids. I did call the school and they are temporarily getting free breakfast and lunch. That helps a LOT. But then there's Christmas around the corner. How scary. I worked so hard to be a nurse so that I knew I could provide for them. As we know, however, life doesn't discriminate....we never know when our health may take a nosedive.

Thanks for the advice and know that I really appreciate all of you taking the time to help me out here. That's what nursing is all about. Compassion....thank you so much.

Dawn....I sure will be saying a prayer for you too. I'm so sorry to hear that you have to go through the waiting process, the worry, the fear of the unknown. But you are right....getting proper dx is key, so that proper tx can begin and hopefully we'll both be able to continue doing what we love....Thanks for your support, too.

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Specializes in IM/Critical Care/Cardiology.

Thanks for the update. See you are already taking care of some things...school breakfasts & lunches. FMLA is in your favor.....don't know if you have short term disability........

There are food shelves to help in situations like yours...I've had to resort at one time to utilize that option. Salvation Army or your local church may help if it comes to the holidays and you are still in the same position as today.

The doctor is seeing you soon! To go over your tests. Be strong, think of taking care of you, somehow it all works out for a reason. Adversity I believe gives one strength.

I'll keep you and your family in my prayers. I wish you well!

Sharona

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I like the idea of FMLA, and if it comes to it I will have no choice....but never thought of it, so thank you for that also.

I'd suggest you get the paperwork moving on that right away. You can get the forms from HR. Here is something your doc can fill out too:

http://www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf

Keep in mind you might not be covered if you've worked under a year for this hospital; it's up to your employer.

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So sorry to hear of this happening to you. I am under the understadning that if an employer calls an ex-employer, the only language that can be discussed is if they (the ex emplyer) would consider you back as a rehire.

This is my understanding as well . . . .

steph

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I agree, it's certainly unethical. It may even be illegal. It wouldn't hurt to get an expert opinion on this; does this fall under HIPAA or other privacy law?

Very Good point you made.

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Specializes in Tele, Infectious Disease, OHN.

First, I am sorry you are having to go through this. I agree with other posters in the sense that things do have a way of working themselves out. Second, I am not sure that FMLA will be a viable option for you. My understanding is there are 3 requirements: certainly your illness will qualify for the first, but then I believe you have to have been at that employer for 12 months and to have worked at least 1250 hours in the previous 12 months. There is a calculation for part time. If things go completely south at your job then I would do everything I could to use the COBRA to keep your health insurance. Be aware many employers ( at least in my area) are hesitant to actually fire someone who is seriously sick. Another thing to consider is the American Disabilty Act. At some point it may be possible for this employer (or another) to do some minor accomodations to allow you to work. I think the advice to see a rheumatologist is on the mark. Know that many prayers are with you and God Bless.

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Thank you all for your thoughtful and warm advice and concern. I called my PMD today. He said to get to the ER. I did.

Anyway, about the boss. I called her from the ER today to tell her that I was getting some more testing done. She told me to have them test for group B strep. I told her that my CBC was fine, and what the doc said. She said, "Hmmm. Well keep me posted." She didn't seem nasty, just not "people friendly" as someone had mentioned in a post.

I will keep all of my documentation. (CYA, I know). I just have my guard up right now. I don't trust her. I hate to say it, but it's how I feel.

With good reason, it would seem.

Just another suggestion, if you went to your own hospital's ER.

Contact your hospital's compliance officer and tell them you don't wish to name names right now but that you have reason to believe a co-worker might have tried to access your medical record, and specifically that of your ER visit. Ask them to run an electronic audit on your entire chart record.

Your manager has already acted inappropriately by attempting to dig for personal info from a previous employer, I wouldn't put it past her to have tried to dig into your current medical record as well.

Protect yourself.

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On the subject of the EMR....

I thought of that. But I had a different thought process about that. I figured she'd open up Cerner and help herself to make sure I wasn't "faking sick" (I only feel that way d/t her calling my former employer). But I thought of it this way: then she'd KNOW I wasn't faking. She's the employment coordinator; she probably knows how to go about wiping out her search of my file....who knows. Gosh I'm sounding like a CIA agent.;)

About getting fired when sick. It happened to my Mom about 6 years ago. She worked at a rustic store. She started having seizures. Some where she'd wind up prone and stop breathing. Her boss's wife approached her and let her go, giving the reason that they were concerned for her health, and concerned for what would happen to them if anything happened to her on the job. I always wondered why my parents didn't look into that further. Except at that point she truly could NOT work. She held on until she couldn't.

I will look into those forms and other info you've provided me, as well as the suggestions for other help.

Thank you for caring.

Sincerely

Emma

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On the subject of the EMR....

I thought of that. But I had a different thought process about that. I figured she'd open up Cerner and help herself to make sure I wasn't "faking sick" (I only feel that way d/t her calling my former employer). But I thought of it this way: then she'd KNOW I wasn't faking. She's the employment coordinator; she probably knows how to go about wiping out her search of my file....who knows.

Nonononononono....for her to do so is wrong on SO many levels. There is no justification. And you do not have to "prove" anything.

Please ask for an audit.

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Will do!!

Will they tell me after they run the audit who did so? Or do they keep that confidential? I'll ask them about it. Thank you so much for caring. This may help me if it comes down to making a case for myself. I just hope and pray it doesn't come to that.

I still can't believe my ankles today. This morning to put my feet on the floor was like shoving a hot poker up through to my knees. Getting worse by the day, and yet I still have to wait until tomorrow to go over everything. Each day that goes by that I get worse I'm getting antsier and more anxious. That's why I'm hanging out here (feet up off to the side) to try to derail my thoughts. I think I'm the world's biggest mass producer of tears....all I've done is cry. When I think I can't anymore, just wait....plenty more coming. eck!!!!

I'll call HR. You are right to suggest that.

Thanks again!

Emma

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Will do!!

Will they tell me after they run the audit who did so? Or do they keep that confidential? I'll ask them about it. Thank you so much for caring. This may help me if it comes down to making a case for myself. I just hope and pray it doesn't come to that.

I still can't believe my ankles today. This morning to put my feet on the floor was like shoving a hot poker up through to my knees. Getting worse by the day, and yet I still have to wait until tomorrow to go over everything. Each day that goes by that I get worse I'm getting antsier and more anxious. That's why I'm hanging out here (feet up off to the side) to try to derail my thoughts. I think I'm the world's biggest mass producer of tears....all I've done is cry. When I think I can't anymore, just wait....plenty more coming. eck!!!!

I'll call HR. You are right to suggest that.

Thanks again!

Emma

If I were you, I'd keep names out of the request. Just tell them you have reason to believe a co-worker has attempted to access your record and leave it at that. If they push for a name, just tell them you are not comfortable doing so at this time. I doubt they'd tell you who tried to access the chart, but then again they might. You can certainly ask that they at least verify your record was kept confidential (or not).

We had random audits performed routinely on any patient chart, but with employee or high profile patients, it was automatic. Alot of people got burned that way...

I hope you find out what's going on and start feeling better, hun. You have enough to worry about without adding this jerk to the mix.

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I'll call HR. You are right to suggest that.

Thanks again!

Emma

BTW, call your hospital's Compliance Officer. That would be the one to deal with HIPAA violations. They are also supposed to have a (usually toll-free) report line that is confidential for those who are afraid of reprisals. You could try that instead if your worried about this getting back to your manager.
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