You have a case. If nothing else the fact that they shared your test results is a major red flag. That is a breach of your privacy and probably a HIPPA violation. You should get a lawyer in your area that specializes in employment law.
Also, look at your employee handbook. It probably states that you have to get the first/second warning before they can issue a 3rd warning. If they fire you without following their own policy then it is also wrongful termination.
Thanks a bunch. It seems pretty off.
Good Luck. I hope it works out for you. Also, they will probably try to deny unemployment as well. Making sure of the process for the warnings would allow you to contest them trying to block it so make sure you have a copy of the handbook. It will probably have a requirement that they have to give you signed and dated copies of any warning/writeup. If that is true, ask for copies and for copies of your non-existent first and second warning.
Ohhh, yea I never got a copy of the warning either. I will check the handbook. Thanks a lot.
HIPPA doesn't apply to non-medical employers. However, he has a great case for workplace harassment (in particular: retaliation and hostile work environment).
Ah, thanks for the clarification. I forgot that it doesn't apply in all places. I have worked several where it did apply and just kind of spaced it out.
relevant info: https://www.hhs.gov/hipaa/for-professionals/faq/190/who-must-comply-with-hipaa-privacy-standards/index.html
It does too. Your employer has no right to your medical information.
HIPPA applies to ANY medical information.
It does to. You don't have to be a medical worker. An employer cannot ask for your medical information.
Relevant link level_101 posted in reply earlier: https://www.hhs.gov/hipaa/for-professionals/faq/190/who-must-comply-with-hipaa-privacy-standards/index.html
Regardless, the hostile work environment and harassment/retaliation angle are a lot easier to work with.
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