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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17208
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was recently hospitized due to an acute illes that is on

Resolved Question:

I was recently hospitized due to an acute illes that is on going I have a doctors release from work till the 4/20 . I have been asked by my employeer to voluntay resgin now and reapply. The fire department left my medical inforamation at my place of employeement which is a violation of HIPPA. I feel like that I am discrimminated due to illness. What should I do, voluntary resign or not
Submitted: 4 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 4 years ago.

wallstreetesq. :

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

wallstreetesq. :

Do you have a disability?

wallstreetesq. :

Did you use FMLA?

wallstreetesq. :

Can you do the job with your current condition?

Customer:

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

Customer:

Don't know what FMLA is

Customer:

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.

Customer:

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

Customer:

the other issue that concerns me is this transpired after the FD left my PHI in the hands of my employer

wallstreetesq. :

FMLA, is the Family Medical Leave Act, it is the only job protection leave act mandated to employers with 50 or more employees,

wallstreetesq. :

In your situation if you were not given FMLA, the employer can terminate you or ask you to resign,

wallstreetesq. :

if they are doing this due to a recognized disability,

Customer:

They do have the FMLA however benefits did not begin for 90 days.

wallstreetesq. :

then you may have a discrimination complaint, and can file a discrimination charge with the EEOC

Customer:

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

wallstreetesq. :

That is an isue, and you can file an internal complaint about it,

wallstreetesq. :

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

Customer:

what is my next step.

Customer:

I feel like it was, having my HIPPA rights violated they now have a complete look at my medical history and can refuse rehire

wallstreetesq. :

yes that is a serious issue, and you could use it in a disability complaint,

wallstreetesq. :

are you part of a union? or have a contract?

wallstreetesq. :

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.







EEOC's Phoenix District Office
3300 N. Central Avenue
Suite 690
Phoenix, AZNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/td>
Customer:

no AZ is a right to work state, labor laws suck here

wallstreetesq. :

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,

wallstreetesq. :

if you resign, you may also be denied unemployment benefits, so you need to discuss this with your employer

Customer:

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

wallstreetesq. :

Yes, and unemployment benefits could be denied, if you are terminated you can receive the benefits,

wallstreetesq. :

If you have any further questions please do not hesitate to ask

wallstreetesq. :

If satisfied please press the accept button so we can receive credit

Customer:

now as far as the HIPPA violation, what is my next step on that

wallstreetesq. :

You could file a HIPPA violation with the state, but that is something that is not really punished,

wallstreetesq. :

It could be used in a discrimination case, as evidence that they have discriminated against you for your disability

Customer:

ok, I understand however, with the PHI the CPT of PFD was in violation by not handing me my information back

Customer:

I understand HIPPA more than Labor Laws

Customer:

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

wallstreetesq. :

Then you should file an official HIPPA complaint,

Customer:

ok how do I save this thread or print it out for reference

wallstreetesq. :

Once you accept, you will have full access to the conversation so you can print it for future use.

Customer:

Thank you, XXXXX XXXXX advisment. I feel like this is going to get messy

wallstreetesq. :

it may be, good luck

wallstreetfighter and 2 other Employment Law Specialists are ready to help you
Expert:  wallstreetfighter replied 4 years ago.
Thank you for your time, if you have any follow up questions please do not hesitate to ask.

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