wallstreetfighter : 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
wallstreetfighter : This is an unfortunate situation,
wallstreetfighter : what you can do is file a HIPPA complaint against the employer and advise them of the issue,
wallstreetfighter : also, you can send a letter to the State Licensing authorty and file a grievance against him as well,
wallstreetfighter : HIPAA authorizes whistleblowers to divulge most of such information to private attorneys or the federal government. 45 CFR sec. 164.502(j)(1) provides that an employee may disclose such individually identifiable information if the “workforce member or business associate [employee]”… believes in good faith that the covered entity has engaged in conductthat is unlawful or otherwise violates professional or clinical standards,or that the care, services, or conditions provided by the covered entity potentially endangers one or more patients, workers, or the public; and(ii) The disclosure is to:(A) A health oversight agency or public health authority authorized by lawto investigate or otherwise oversee the relevant conduct or conditions of the covered entity or to an appropriate health care accreditation organization for the purpose of reporting the allegation of failure to meet professional standards or misconduct by the covered entity; or(B) An attorney retained by or on behalf of the workforce member or business associate for the purpose of determining the legal options of the workforce member or business associate with regard to the conduct described in paragraph (j)(1)(i) of this section. wallstreetfighter : So you can sue the employer for the retaliation and if it is found the employer violated HIPPA rules,
wallstreetfighter : you could be awarded damages,
wallstreetfighter : Under the law,
wallstreetfighter : If an employee reports anything, even to his or her own employer, that the employee “reasonably believes” is a violation of the Title I section of the Bill, then that employee is a whistleblower — and thus part of a protected class.
wallstreetfighter : So a termination would be a violation of the law, and you can pursue a lawsuit. Customer: Yes, I thought I would need to do both, but am, of course, most concerned with losing my job for refusing to break the law. I have clear recorded conversation, for what it is worth. Would I seek a attorney that deals more with labor issues, or HIPAA?
wallstreetfighter : I would discuss the matter with a local HIPPA or employment attorney, he may write a letter to the employer advising him of the HIPPA rules about retaliation,
wallstreetfighter : and that could settle the matter,
wallstreetfighter : if the employer does retaliate you, then a lawsuit should be considered, as you do have whistleblower protection,
Customer: Thank you very much. I will do that. Never had any legal dealings before. Hard to know where to start.