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  • LAVA Moderator: Shinji Ikari

Boss Disclosed Medical records to all employes

It really is... and the world isn't going to cut you any slack just because you're a nice guy; to the contrary, in fact, if you don't have balls made of steel, and if you aren't a total animal, then this world will take what you've got, take you for more, and then take you for whatever's left... so you've got to get out there and kick some serious ass if you want to make it.
 
If you are in the US we have what is called the HIPPA law. Which does not allow the sharing of your medical information from your actual medical chart or your insurance. You shared this information freely with your boss and as your boss he sould have been professional enough to keep the information to himself. He did not disclose anything from your medical chart/insurance so therefore not liable under the HIPPA law. But, depending on where you live there are varying US state laws. You are, depending on your company, able to file for FMLA if you need to be out for 12 weeks out of the calendar year either all at once or intermittently. You can also collect state disability in California while seeking treatment.

As far as your boss goes, it was a major breech of trust. I am currently out on disability because I had a meltdown. I made sure that my boss had no idea why I am out. All he needs to know is that I am in a doctor's care and unable to work at this time. He does not need to know why. If I were you I would contact you Human Resources Department and share with them what is going on. They should be able to assist you in helping to create a better work environment as well as informing management that their behavior was unacceptable and needs to be corrected. As far as a lawsuit, these days, at least in California, it is hard to get a labor lawsuit won even with union representation. A friend of mine was fired and was represented by a union and basically the union said it is their word against yours and in addition to that California is an at will work state meaning: In California, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. What is and is not illegeal in the workplace I have found is very tricky. Unless it can be proven outright more times than not the allegations are dismissed.

I just went through my HR department to complain about my boss and how I felt like he was violating my rights as an employee federally protected under FMLA, and they basically said I need proof. Of course he is smart enough not to put anything in writing. So, I am just Shit out of luck. But, when I return to work, I will defintely make sure that when he speaks with me there is a third party in the room or whatever is asked of me it is in writing.

Good Luck in a crappy situation. BTW I am a recovered opiate addict (clean almost 6 years) I let my team know about my past so there would be no gossip. Can't gossip about something when the person says it themselves.
 
captainballs said:
It's not just a job, it's YOU or THEM. Who's it going to be? ... Don't sit here and be like me, 27, pissed that I didn't stomp the shit out of more people who got in the way of you being successful.
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verso said:
the world isn't going to cut you any slack just because you're a nice guy; to the contrary, in fact, if you don't have balls made of steel, and if you aren't a total animal, then this world will take what you've got, take you for more, and then take you for whatever's left... so you've got to get out there and kick some serious ass if you want to make it.
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This is not generally true, and I'm truly saddened that the places where you've worked have left you with this view. Some people and some workplaces do engage in and encourage ruthless self-serving behaviour and it's the preference of capitalism to have workers compete in dog-eat-dog fashion, but a lot of people are decent human beings who care for others. I know this because that's my experience of life, I've seen both. It's an aspect of capitalism that is more or less prevalent in different places and the solution is not to feed that system by submitting to it and behaving like a cunt, but to engage with other workers as fellow humans with common cause.

This is not to suggest that the OP has some easy way out, it's a shit situation to be in. But we don't have to live in a dystopian nightmare, and the first step is to recognise that fact and to stop promoting the dystopian world view.
 
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Well, what you posted is pretty much my internal argument against the people in the system who perpetuate it. But, like crazy people can tell you, once that world has pushed you over the edge you can't just rationalize your way out of it. Man. I don't practice what I preach here - I totally am a good guy. I have it honed down to an instinct. But when I look around, I see a bunch of people looking at me like I don't see the angles. And it makes me want to be petty all the time, for as long as I have to spend around them. And next thing you know, I'm one of them.

8,000 up in the house.
 
I apologize for replying so late, I forgot that I had posted about this here.

But thank you all for your replys. Unfortunetly I did what captainballs said not to which was wait. I got back on the opiates which I could say was do to the new pressures at work(which is true to an extent), but Im done with that line of thought. I got back on the opiates becuase I wanted to get high; just being straight up, no more making excuses. Although I've learned to space it out and not be high in the least bit at work or before, even through my 10 hour days.

But I do get the "are you ok?" "you look tired" shit. And I'm honestly quite worried whats going to happen when I'm actully sick and have to call in. This shit sucks but in a way its good.

Like I said Im sober 100% at work which im in a differnt mind set that everyone is used to. When I was high (which i wouldnt go if i wasnt) I was the easy going, everything goes, say yes to everything guy. Now Im back to my usual self sticking up for my self. Also I'm so much more poductive and involved than ever. Which my boss HAS noticed and has complimented me on. All of that lets me be great with the people who are still cool with me and even greater with the other asshole coworkers by me sticking up for myself. Going through all of this has made me a stronger person, on opiates or not.
 
Wolfmans_BrothEr said:
Did he really release your medical records or just tell your coworkers u were taking off to get over drug addiction?

Its definitely amoral but it's not far off from ur boy telling all ur friends ur addicted to opiates...is that really disclosing medical records tho?

It's a thin line, I would def confront him before you decide whether it's worth it to take legal action...google disclosing medical records and see what comes up

But honestly tho it sucks but if your coworkers are closed minded enough to think less of you b.c you developed an opiate problem then they're shitheads anyway
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hello im currently a medical student and a few weeks ago i became HIPAA certified . so its fresh in my mind and i can sorta help you out.

at that moment that you discussed your health problem with your boss which is also your MD it should be considered Confidential he decided to treat you and should have kept the information confidential , sharing patient information with family members is still ILLEGAL ! VERY ILLEGAL


Even the release of information to employees who do not have the direct need to access patients' medical files is a breach of HIPAA.

Read more: Examples of HIPAA Regulation Violations | eHow.com http://www.ehow.com/list_6834411_examples-hipaa-regulation-violations.html#ixzz1XULydiTR
and here
http://www.hhs.gov/ocr/privacy/hipaa/complaints/hipcomplaintform.pdf
he violated your privacy rights , you do have the right to file a complaint.
you have 180 days from the time of the event
P.S. Did he keep actual records or was this just verbal
 
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