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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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My employer made a mistake and terminated me for failing a

Resolved Question:

My employer made a mistake and terminated me for failing a drug test. I had given the Medical Review Officer all information asked for about the prescriptions I was taking. I asked that it remain discreet just to the people I work directly with. By the time they realized it was a mistake and reversed my termination, everyone I worked with knew all about every health issue I have. Is my employer or the MRO in any kind of violation here? My credibility is completely destroyed amongst my peers. My employer claims there were mistakes made by both the MRO and themselves and assured me it would never happen again.
Submitted: 5 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

As a general matter, the patient privacy protections of HIPAA do not apply to employers.

JB Umphrey :

So, there would not be any legal recourse through that federal law.

JB Umphrey :

To the extent that there would be any cause of action, it would be through the more traditional invasion of privacy claim.

JB Umphrey :

It can really depend upon the specific facts/circumstances of your situation (which I do not expect you to detail in this public thread).

JB Umphrey :

Good luck and best wishes for better days ahead.

JB Umphrey :

I hope that you find this information to be helpful and this answer to be ACCEPTable!

JB Umphrey and 4 other Employment Law Specialists are ready to help you