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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11900
Experience:  Significant experience in all areas of employment law.
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I'm writing on behalf of my daughter. She is going through

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I'm writing on behalf of my daughter. She is going through all kinds of medical problems...and has missed work...There is no diagnosis yet...We are trying to determine if she has to sign an Hippa form for her job, as they are threatening on firing her if she doesn't
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: IL
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union
JA: Anything else you want the lawyer to know before I connect you?
Customer: She works for a school as a paraprofessional...so she isn't qualified to call a certain number to report she can't make it in..Still she has called whoever she can to let them know. If it helps at all she has been compiling with all they ask, but they are claiming she isn't and want to talk to her doctor themselves. She is having issues communicating, so I'm trying to do some of this for her.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

An employer has no legal right to request an employee's medical records, which is of course what a HIPAA release would be for. All an employer is entitled to is a doctor's note certifying that an employee is unable to work or what accommodations they require to do their job. Inquiries into an employee's underlying medical condition are prohibited, and if an employer retaliates against an employee for refusing to divulge such information, that employee would have a claim for damages. Therefore, the best course of action in these circumstances is typically to inform the employer in writing that you will not be providing a HIPAA release or responding to questions about your underlying medical condition because the Americans With Disabilities Act prohibits such inquiries. If retaliate occurs, you have created a papertrail which will now make it easier to prove.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Patrick, Esq. and 4 other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
We have no idea if she is going to be Disabled due to the problems she is having, but we do fear the symptoms of what she can be diagnosed with. Still I'm wondering if that act still applies...Other than that you have answered my question...I truly didn't think they had the right.
Customer: replied 10 days ago.
Okay...no problem...Thank you for your help...I just wanted to clarify one thing. No phone call necessary.

I just wanted to make sure you got all the information you needed. If I can clarify anything else for you regarding the above, just let me know. Have a great night.