How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18102
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Employment Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My employer terminated me for alleged drug abuse we went

Customer Question

my employer terminated me for alleged drug abuse we went before an administrative law hearing to determine eligibility for unemployment insurance my employer offered into evidence in the file a progress report from the substance abuse agency I was attending I only gave disclosure to my employer can my employer legally offer that progress report that is covered under federal law into evidence without my permission or a court order? So he not only read disclosed to his attorney that's representing the agency that I work for but also to all of the staff at the administrative law office that has put into the file I don't know how many people have seen that
Submitted: 6 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 6 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 6 months ago.

Your Question:

can my employer legally offer that progress report that is covered under federal law into evidence without my permission or a court order?

Response: No, the employer cannot do that. The employer needs you specific permission or Court Order in order to disclose that information to third parties eventhough the information is relevant to your application for unemployment benefits. Your specific consent or Court Order is needed to release your treatment information to third parties.

You can file privacy violation lawsuit against the employer. You can use the following link to find civil rights/Privacy Attorneys:

Civil Rights Attorneys

Justia.com

Findlaw.com

You may also file a HIPAA violation complaint against the employer with U.S. Department of Health and Human Services, Office for Civil Rights if the employer is a covered entity.

Goodluck with your case,

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Related Employment Law Questions