Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
Do you have a disability?
Did you use FMLA?
Can you do the job with your current condition?
yes I acute exercerbated asthma and several other conditions that contribute. I was on disability however after redertermination I was told that I was no longer eligible for disability. Recently I have had 1 trip to er and the last trip to er I was hospitlized for 5 days. I was at work when the illness occured and paramedics transported me to the hospital
Don't know what FMLA is
yes and no on the job. I was training for a work at home postition but had to do a 4 week in house before going remote.
as long as I am in a controlled enviorment I somewhat can manage the illness, however the question is do they have the right to ask for voluntary resign with the doctors note not to work
the other issue that concerns me is this transpired after the FD left my PHI in the hands of my employer
FMLA, is the Family Medical Leave Act, it is the only job protection leave act mandated to employers with 50 or more employees,
In your situation if you were not given FMLA, the employer can terminate you or ask you to resign,
if they are doing this due to a recognized disability,
They do have the FMLA however benefits did not begin for 90 days.
then you may have a discrimination complaint, and can file a discrimination charge with the EEOC
I was livid with the cpt of FD when I ask him for my folder and found out that it was left for all to see
That is an isue, and you can file an internal complaint about it,
the discrimination issue due to a disability is what you should consider, if you believe they are forcing you to resign due to the disability
what is my next step.
I feel like it was, having my HIPPA rights violated they now have a complete look at my medical history and can refuse rehire
yes that is a serious issue, and you could use it in a disability complaint,
are you part of a union? or have a contract?
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
no AZ is a right to work state, labor laws suck here
Then you are left with contacting the EEOC to see if they will take a disability complaint, if not then you are left with a resignation, or letting them terminate you,
if you resign, you may also be denied unemployment benefits, so you need to discuss this with your employer
This is what I thought, the way it was worded was not to worry you can come back but then I was told to today that if I voluntary resigned I would have to reapply
Yes, and unemployment benefits could be denied, if you are terminated you can receive the benefits,
If you have any further questions please do not hesitate to ask
If satisfied please press the accept button so we can receive credit
now as far as the HIPPA violation, what is my next step on that
You could file a HIPPA violation with the state, but that is something that is not really punished,
It could be used in a discrimination case, as evidence that they have discriminated against you for your disability
ok, I understand however, with the PHI the CPT of PFD was in violation by not handing me my information back
I understand HIPPA more than Labor Laws
When I addressed the issue with one of the emt's at the ED I told them I wanted that folder and not to hand it over to my employer
Then you should file an official HIPPA complaint,
ok how do I save this thread or print it out for reference
Once you accept, you will have full access to the conversation so you can print it for future use.
Thank you, XXXXX XXXXX advisment. I feel like this is going to get messy
it may be, good luck
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).