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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18905
Experience:  Employment/Labor Law Litigation
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Tomorrow I must attend a meeting to determine what happens

Customer Question

Tomorrow I must attend a meeting to determine what happens to me, since I apparently violated either a hippaa regulation or a Multicare regulation, or. Both, and spent les than 5 minutes looking at my medical chart online. I had a heart attack about six weeks ago and first accessed MyChart for info but it did not tell me what I wanted to know, so I accessed EPIC and looked at my cardiac cath procedure. I found what I wanted. My manager spoke with me over a week ago and I explained why I accessed the chart. At that time he said that Multicare was going to make an example of me in this. I am 66 years old. There will be no one in my corner for this farce. I think I might need to have "backup" in this meeting. Can you help?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over

Unless your employer has a specific policy that allows you to bring representation to this meeting, nothing in the law would force the employer to accept the attorney's presence. They could simply refuse to do the meeting unless the attorney leaves. Unlike a criminal law situation where your right to representation is guaranteed, this isn't a criminal law situation and the employer is not a court, so the don't have to respect that you have representation and allow you to bring that attorney.

Even if they allowed the attorney to be present, there really isn't much that the attorney could do in that forum. The attorney could listen and learn as much as possible about the employer's intentions, but unless you have a contract of employment that specifically states that you can only be terminated for cause, the efficacy of the reason given for termination by the employer is not legally relevant. Without such a contract, your employment is "at will" and can legally be terminated at any time, with or without cause. Terminating you here, to make an example of you, while not really a fair reason is also not an illegal basis for termination either. So, in this situation, the attorney could really do nothing more than tell you, at the end of the meeting, that you have no claim and then bill you for their time.

Really, for an attorney to have any ability to work or help, there has to be some sort of allegation of discrimination on your part, based on race, religion, gender, age, disability or recent FMLA use, or there has to be a contract of employment that is being breached. Even in these circumstances, the employer still doesn't have to meet with the attorney. The attorney's ability to assist would revolve around filing the EEOC complaint for discrimination or the breach of contract suit in state court.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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