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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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i got terminated nov 5, 2012.. hr called my doctor on nov.8,

This answer was rated:

i got terminated nov 5, 2012..
hr called my doctor on nov.8, 2012 to verify med cert..
is illegal for previous employer to talk to a physician i saw?...

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

The answer to your question would depend on exactly what was said by the physician to your employer. It is not illegal for your employer to call a physician that you saw. However, it is illegal for that physician to give out certain information under the circumstances. You specifically reference a med cert. Can you tell me more about how this came about?

Employment-LawExpert :

I.e. did you make a claim for a reasonable accomodation?

Employment-LawExpert :

Did it involve payment on health insurance benefits?

Customer:

yes i am online..

Employment-LawExpert :

The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations

Employment-LawExpert :

If you do not believe that the reason for calling could fall into one of these categories, then there has been a violation of HIPAA law

Customer:

hr called after i was terminated about med certs...i got frpm nurse...he told hr he had not certified them but his nurse

Customer:

i worked for la county.

Customer:

so la county said not valid

Customer:

n

Customer:

but is it valid for hr to call when i have no ties...

Customer:

they called aftet i wss terminated

Employment-LawExpert :

Then this would be a violation of HIPAA.

Employment-LawExpert :

You will want to make a formal complaint to the Civil Rights of the Health and Human Services department

Customer:

since it is aviolation...do i have the right to sue them...or since it was obtained illegally could it be thrown out of court.

Customer:

.since hr says not valid cert?

Employment-LawExpert :

What were the damages other than the violation?

Employment-LawExpert :

Because while they would receive a fine, in terms of suing, you would need economic harm.

Employment-LawExpert :

Did that occur in your case?

Customer:

i would sue for harrassment

Customer:

and the certs hr was from2011

Employment-LawExpert :

harassment exists based on a protected category such as your age, race, sex, etc. It is not something that can be used given the facts you mention.

Customer:

yes...no income...and they said the reason was for a the certs and they said i did not have fmla because i had been out on leave...however...i have the fmla paperwprk...but have not spoken to hr...before i got legal advice

Customer:

they wanted me to attend a meeting with them...i refused...without representation

Customer:

i have lupus and missed s lot of days...so everything was related to me being absent

Employment-LawExpert :

Okay, that is a completely different situation.

Employment-LawExpert :

That gives you the right to file a claim for harassment (or discrimination) based on a disability.

Employment-LawExpert :

That would allow you the right to sue for the termination, and the disclosure.

Employment-LawExpert :

In this instance, you will either want to make a formal complaint to the EEOC

Employment-LawExpert :

or get an attorney involved in your area.

Customer:

yes..

Customer:

i wanted to ask them if i didnt have fmla why didnt they fire me sooner?

Employment-LawExpert :

Because of the ADA and FEHA.

Employment-LawExpert :

Which require that they provide you with a reasonable accomodation to do your job.

Customer:

thanks....very helpful

Employment-LawExpert :

Such a reasonable accomodation can be varying absences depending on the situation.

Customer:

thank you so much

Employment-LawExpert :

If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualififed legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field.

Employment-LawExpert :

Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Customer:

i think you answered all my question

Customer:

ok will do

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