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in 2003-04 the labor union I am a member with filed charges against me . the company I worked for had thier lawyers intervene, turns out the only way they knew they could press charges against me was to find info out in my personal files in the health and benifits office. when the unions lawyers found out they told the union leadership they violated the privacy act. instantly all union charges against me were dropped. my question is , if this is a federal law they violated is it still open to press charges against the union, and if so since it is a federal law that was violated should the FBI be involved.

Submitted: 307 days and 7 hours ago.

Category: Employment Law

Value: $30

Status: CLOSED

kansas city, Missouri

Already Tried:
nothing I had decided in 03-4 not to bother with it , but recently a member working under my supervision has filed frivouless charges against me , and the union leadership is looking for examples to be made in front of all members to keep them inline with thier rules and bylaws. There could be extreme fines set against me for just supervising my job and the charges now are for picking up and delivering two cans of spray paint in my personal vehicle. Rules are rules I admit I should not have done this but yet I have been told I would be made an example of ,I have now sought to pursue legal action against the union for the 03-04 incident. As I will most likely withdraw from the union which has not supplied sufficient employment for the last five years and binds my hands to keep me from making a living when I am laid off.

Accepted Answer

The law that was violated was a law called HIPPA. Essentially, it provides that it is a criminal violation to reveal medical records or helath information to any party unless you have authorized it in writing. The law provides that the penalty for a violation is up to ten years in jail and a $100 fine. So, yes, you can report it to your local district attorney and see if he takes action. You could also report it to the US Attorney in your area (as you are correct, it is a federal law). The bad news is that the law does not create a civil right of action which would allow you to sue them and recover money damages.

I hope this helps.

Accepts:
Expert:	Anthony Collins
Pos. Feedback:	100.0 %
Answered:	1/19/2009

Labor Attorney

J.D. magna cum laude, Alabama,Clerk for Supreme Court of Alabama 2004-2005, practicing labor lawyer

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