Re: Hippae violations = civil rights violation?

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On 2/25/07, Mary Asmar wrote:
> I have an extremely abussive director. He mangages by
> screaming, berating and belittling. As I am recovering
> from a very abusive marraige, it became intolerable
> working under him. I get so anxious and nervous that I
> cannot perform my duties. I work in a very difficult area
> of a hospital. Any mistake I make could cause injury.
>
> I am very intimidated by this man and did not feel I could
> speak to him directly so I went to human resourse. The HR
> manager agreed that this behaviour was unacceptable and
> unproffessional. She wanted me to document all of the
> abuses that I have been experiencing. Several days
> earlier, I had a very serious anxiet attact at work the
> inflamed an ongoing and serious stomach condition. I left
> work and was admitted to the hospital. The next morning I
> had to have a minor surgical procedure.
>
> Upon returning to work, I recieved two counceling reports
> for violations of reporting my absence. He also had to
> more counceling reports written up for me to sign over
> things that were discussed weeks ago. At that time, there
> was no mention of official councelings. It was obvious
> that all 4 counceling reports were written at the same
> time but the 2 from a couple of weeks prior were dated at
> that time. I signed the reports because it was stated that
> signing only meant that you recieved the report and not
> that you agreed. I then added the current date that I
> signed.
>
> During this counceling session, he told me that he went
> into my hospital records and knew exactly when I was
> discharged and also told me the name of the procedure that
> was performed on me. It was obvious that he violated
> Hippae laws and my privacy. In the history and physical is
> very very sensitive information about myself. I am just
> too embarrassed now that he has all this info about me.
>
> Do I have any cause of action here. Were my cival rights
> violated? Thanks for any info

Management is likely creating a paper trail to legitimize
your discharge. However, complaining to your employer about
a member of management whom you think is mean is not
protected activity. Moreover, his actions, although
unprofessional, will probably fall short of creating a
hostile work environment. Bringing it to the fore front only
makes "you" the problem. This is the harsh reality.

If you are a non union and or private sector employee you
have to bite your tongue because the traditional at-will
rules will generally apply. Otherwise prepare to quit or be
terminated for what many times seems "unfair" but are
legally justifiable reasons.

Your anxiety attack may be considered an on the job injury
and management would have access "some" info contained in
your medical file. I infer that you filed a W/C claim.