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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16010
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My employer had a certification of health care provider ( job

Resolved Question:

My employer had a certification of health care provider ( job description) filled out by my Dr. with my permission. I was released to come back to work full time with some resrictions. I had been out of work for about two months from pnemonia and a heart attack. Several weeks later my employer sent my Dr. a questionaire with more questions ( without my knowledge) now they are going to take my job. I am a 66 year old male and have been with this company 13 years. Since I have been back to work I have preformed all job functions that I was asked. Can they contact my Dr. without permission and could there be age discrimination going on here also?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

This is a serious issue,

wallstreetfighter :

if the employer is terminating you due to your age, you can file an age discrimination case,

wallstreetfighter :

you may also have a disability discrimination case as well,

wallstreetfighter :

in terms of the employer communicating with your doctor, that could only be allowed,

wallstreetfighter :

if you requested reasonable accommodations,

wallstreetfighter :

or took some medical leave in the past,

wallstreetfighter :

If the employer is claiming you cannot

wallstreetfighter :

perform your job and that is the reason you are being terminated,

wallstreetfighter :

they would have to prove this.

wallstreetfighter :

At this point you should file an EEOC complaint against the employer,

wallstreetfighter :

and they should investigate the matter,

wallstreetfighter :

by filing the complaint the employer may stop his actions

wallstreetfighter :

as it can be considered retaliation,

wallstreetfighter :

North Carolina has no state agency that enforces antidiscrimination laws; see the local EEOC office(s) below.


Discrimination/Harassment - Local Offices of Federal Agency (EEOC)


Equal Employment Opportunity Commission (EEOC)
Charlotte District Office
129 West Trade Street
Suite 400
Charlotte, NC 28202
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

Equal Employment Opportunity Commission (EEOC)
Greensboro Local Office
2303 W. Meadowview Road
Suite 201
Greensboro, NCNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

Equal Employment Opportunity Commission (EEOC)
Raleigh Area Office
1309 Annapolis Drive
Raleigh, NCNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

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

wallstreetfighter :

If you applied for medical leave, FMLA, or any other type of medical leave, that would be the only way the employer,

wallstreetfighter :

can obtain medical records,

wallstreetfighter :

You should contact your doctor and ask them why your private medical information was released, as it could be a HIPPA violation,

wallstreetfighter :

the doctor, would have to provide you the authorization that gave them the right to do this

Customer:

Thanks, XXXXX XXXXX a good place to start.

wallstreetfighter :

Also, if your doctor does not give you an answer,

wallstreetfighter :

you can file an official HIPPA complaint against the office,

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback.

wallstreetfighter :

Thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16010
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 10 other Employment Law Specialists are ready to help you

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