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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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I have been employed for this hospital for 15 years- my unit

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I have been employed for this hospital for 15 years- my unit hired a new director and we did not see eye to eye on anything- I have never been written up in the 15 years and maintained a good work relationship with my co-workers- since she could not find anything to fire me for she eliminated my position as the hospital was doing their budget cut- I was not offered another position within the hospital but they did state that I could apply for any position like anyone else would do. I also have several incidents I have documented that the director violated confidentiality concerning myself and other employees- Is there anything I can do?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 7 years ago.

DearCustomer

 

Is this a private hospital or a hospital owned by a government (city or state)?

 

Did you work under a written employment contract or a union contract?

 

Did any employee manual, hospital rule/policy, etc. indicate employees could only be fired for certain reasons?

 

Was there a set policy to be followed before termination?

 

What state is this in?

 

What "confidentialtiy" issues occured?

 

 

Customer: replied 7 years ago.
I live in Nebraska- My director announced in front of the nurses station that another co-worker and myself had a FMLA form and that she was aggravated by that- also my daughter has been seriously ill and I had a FMLA form for her as well- she had told sveral people about that- I am not aware of these policies but I do know that when this has happened to other employees they were placed in other positions- I am going to schedule a meeting with HR and obtain such policies Monday.
Expert:  Jane T (LLC) replied 7 years ago.

DearCustomer

 

Normally, unless an employee has a written employment contract or a union contract they are considered employees-at-will (which most Americans are). Employers can hire and fire employees at will at any time, for any reason or for no reason at all, even if they are good employees. However, if a termination decision is due to illegal discrimination then that, of course is illegal or if an employer has indicated that employees will only be fired for specific reasons or that an employee will have a job for a certain time period then there may also be a claim for wrongful termination, but otherwise, most terminations are fine under employee-at-will principles.

 

As for disclosure of FMLA, if that disclosure may have violated patient HIPAA rights (employers, in most cases, do NOT owe employees HIPAA protections) then that may have been a HIPAA violation. The FMLA does have confidentiality provisions which requires employers to maintain such information as they would medical records (see here).

 

 

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