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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My FMLA forms were faxed to my employer and the fax was not

Customer Question

My FMLA forms were faxed to my employer and the fax was not located in the HR managers office. They claim never received my medical documents and they terminated my employment. My doctor has a fax confirmation showing the forms were faxed to my employer. I have requested that they reinstate my position. My concern is the documents have been read by other employees and the documents were never given to the HR person.

Would this be a case of wrongful termination? The state is WV and under normal circumstances it is a employment at will state. But if I prove they documents were sent in the 15 day period stating my illness and need to be out of the office for 30 days per doctors orders should my job be reinstated and my employer should allow me to be on short term disability while I am under my doctor's care?

Does Hippa require the HR person to have a secure fax to protect my confidential records? Can the employer be fined for not protecting my medical records from other staff.
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.

First off, I am sorry about your situation.

You're going about this the wrong way. Wrongful termination is a product of discrimination. This is not the case here. Here is what I see from your fact pattern.

1) In essence, it's a breach of contract case. You contracted to work with them, and they terminated you for an invalid reason - breach of contract. Makes sense?

2) Yes, if anyone else saw your medical information, that is breach under HIPPA. However, you'd have to show proof of 51% or more that this happened in a court of law.

Best thing to do is to send have an attorney send them a mean demand letter (i.e. reinstate him or else). Many times, they'll just take you back. However, if you should want to proceed with litigation per above, that's also an option, albeit a weaker one.

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Expert:  Ely replied 7 years ago.
Thank you for accepting the answer. Is there anything else I can answer on this or any other topic?

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