Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I was put on paid leave of absence after arriving to ER very

 
PaulMJD's Avatar
  • Answered by:PaulMJD
  • Attorney
  • Positive Feedback: 98.2 %
  • Accepted Answers: 27305
Verified Expert
in Legal

Recent Feedback

Positive
he is the only lawyer who even tried to answer me which i appreciated as i am a...
Positive
fast complete answer--enjoy working with this guy--give him a raise
Positive
quick concise answwer
Positive
Thank you for your promptness and knowledgeable response.
Positive
I feel PaulMJD really went out of his way to point me in the right direction...
Positive
Sir, you have been most helpful, thank you.
Positive
He was very accurate and to the point. i felt like he gave me very good advice...
Positive
I want to say THANK-YOU for the legal advice that you gave to me. It helped me...
Positive
sometimes I just hate the answers I get--but you guys all sure know your stuff--
Positive
The response was in layman terms of which I could understand. I am also pleased...

Customer Question

I was put on paid leave of absence after arriving to ER very sleepy. I had taken amitriptyline prior to ER call. I had a prescription for this for back pain. I offered to take a urine drug screen and told the doctor what I had been using. I had a prescription for both Tylenol 3 two times daily and clonazepam. I took only the tylenol 3 that evening as well as my amitriptyline. I was told to go home and the following day they put me on leave with pay because of the extra stress in my life.
I tested positive for the opiate and the benzodiazipine. I also tested positive for amphetamine and immediately denied the use of amphetamines. I felt pretty bad and went home that day thinking noone believed me. I had the clonazepam rx for some time, was only given 30. At the time I was put on a leave of absence I had 24 left. I was having trouble coping with the leave of absence as well as issues with my husband.
I began taking the clonazepam 1 mg two tabs two times per day. I moved out of my home and moved into a new place. I then fell down the stairs and do not remember many of the events that occurred for three days. I left for California with my son and daughter. My husband then came to a party I had thrown for my father after specifically being told not to come. On the way back from California, my husband called me and asked me where I was. When I lied he told me he could see me which of course with our background of some violence over 17 years ago, I thought he would come to kill me. We contacted the police, who told us to go home and contact local authorities, which I did.
I stayed up feeling like I needed to stay awake to protect myself. The last thing I remember was he texted me at 5 am telling me he was heading home.
I don't remember anything after that. My son told me I was found sitting in the bathroom rocking back and forth but not talking. I was taken to the ER in the same ER I had worked. I tried to tell everyone there that I did not overdose that evening but noone listened and I was sent to a 72 hr hold at a mental facility. After I was released I went to my father's home. I contacted my employer and told them I would come home the following Wednesday.
In the meantime, my husband found out where I was by papers left out at the nurses station and came to the hospital despite my refusing to see him.
I was also fired from my position at the hospital I worked at. This was decided a few days after my visit to the ER. I believe the dismissal was a result of my ER visit. I have nothing to prove it.
1) Is there a Hippa violation occurring in this situation?
2) Was my termination appropriate?
Thank you

 

Optional Information:
Country relating to Question: United States
State (if USA): Nevada

Already Tried:
Nothing.

Submitted: 289 days and 23 hours ago.
Category: Legal
Value: $59
Status: CLOSED

Accepted Answer

Picture
Expert:  PaulMJD replied 289 days and 23 hours ago.

1) If there was no HIPAA release signed regarding your husband having access to your medical records and the hospital released personal healthcare information to your husband without you signing a HIPAA release, then this is a violation. Under HIPAA there is no private right to sue, you must file a complaint with the Department of Health and Hospitals and they have the sole authority to investigate and penalize the healthcare provider for any violations. If the Department of Health and Hospitals finds that there was a violation of HIPAA, then you could sue the hospital under the state privacy of medical records law for breach of the duty of Confidentiality in releasing your medical records without your written consent.

2) As far as your termination, this is a much more difficult question. Employment in NV is considered at will absent a written employment contract to the contrary and the at will employee may be fired for no reason at all or for any reason not based only on their age/race/sex/Disability. An employer cannot terminate you based on your disability or perceived disability under the Americans with Disabilities Act. The timing of the termination makes this at the least a circumstantial case that you were terminated based on the emergency room visit and circumstances surrounding that visit. However, you would have to prove that this was either a qualified disability (one that permanently impairs a major life function) or that the employer perceived it as a qualified disability in order to have a case for wrongful termination under the ADA. This is going to depend on any witnesses or physical evidence you can put together to overcome whatever alleged legitimate business reason the employer has for your termination pursuant to the US Supreme Court Case of McDonnell Douglas v. Green. If you cannot overcome the employer's alleged legitimate business reason for the termination with some evidence, then your circumstantial case would fail. In order to pursue a case of a discriminatory discharge under the ADA, you would have to file a complaint with the EEOC and they would have to investigate to grant you a right to sue letter and you have 180 days from the date of the discharge to file such a complaint or you would lose your rights to pursue the matter any further.


I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.2 %
Accepts: 27305
Answered: 7/3/2012

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ask this Expert a Question >
 
Tweet

15 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
what legal right does one spouse have to stop and prevent the 4/18/2013
I'm in Indiana and was a mistress to a married guy(he's from 4/18/2013
Fwd from my son I need some legal advice, I've been trying 4/18/2013
Marine Corps Veteran F**CK#D UP by our Government... AGAIN! 4/18/2013
My dad is in the hospital at the moment for a different kind 4/18/2013
I am wondering if I should answer questions a social worker needs to a 4/18/2013
Good afternoon, I find myself in a somewhat strange situation: 4/18/2013
I have filed bancruptcy in 2009 and surrended my house too. 4/18/2013
My brother will not allow any family member to see my 86 year 4/18/2013
I live in minnesota my daughter baby sits for a couple. They 4/18/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
239 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan