I work for Blue Cross and Blue Shield in Rochester New York.
I work for Blue Cross and Blue Shield in Rochester New York. I was recently using a corporate laptop computer regarding information about a new diagnosis of breast cancer in myself. I have found out that emails on this corporate laptop I was using were forwarded to both my supervisor and the vice president of the local Rochester Blue Cross Blue Shield. Is it legal for them to get this kind of information when federal hippa laws I believe override such disclosure of information. The vice president was never given information by me and information that she received was totally a function of the blind copies that were sent of these emails which included by diagnosis. I personally think that Blue Cross and Blue Shield should know better. What is my status with my employer and how do I address this situation where I personally believe that hippa laws overrule any corporate laws regarding public information or information that is owned by the corporation by virtue of using the laptop because I was working from home tell computing because of a snowstorm. I fear for my job because my the VP knows my personal cancer diagnosis and business. I have told my supervisor as I should but that my vice president was copied in on the email that I have in black and white without my permission. How do I proceed? do I need a lawyer? do I go to human resources? do I go to employee assistance program? Do I complain to the Corporation I filed the FMLA paperwork with? I need a plan forward. I have applied for FMLA and am concerned about keeping my job because my supervisor asked me if anything new going on with me just today. My greater concern is that the company I work for is a major healthcare supplier and they would be well-versed in knowing how to get rid of me and at the same time should be well-versed and trained about the protection of personal information or okay I believe this is a breach of some law privacy but I do not know chapter and verse on this PHI (personal health information). I believe this is a breach of some law of privacy but I do not know the specific laws involved. I need the long answer. Thank you for your consideration. This has to do with HIPPA and employment law in New York state
I have just been denied my appeal. I'm not sure what has
I have just been denied my appeal. I'm not sure what has gone wrong for this to happen as I was unjustly let go. It is a long story but the supervisor (newly assigned) had it out for me. I was told I would receive unemployment, no problem by the employer, plus received a severance. The reasonable person in the office, the president come to find out has not seen any unemployment paperwork and in fact, the lady who had it out for me is fighting back. I believe this to be true anyway. I have been taken advantage of and feel that unemployment is now uninformed by them.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Is the employment agreement "at will," union, full time or part time?Customer: At will fulltimeJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.
I had a really disturbing experience as a federal employee.
I had a really disturbing experience as a federal employee.I worked for a federal agency I another state for nearly four years. In that time I endured harassment on many levels, including:Harassment for my ethnicity - I am a Caucasian person who cannot tan, but I was criticized for being "too white" and for not getting a tan.Criticism for my Geography of origin: I was living and working in the deep south, but I am from Minnesota. I was referred to as "Yankee".Sexual harassment: I was given stripper names (e.g. Mabel Sugar), I was called a "Heifer", because I am a "Cow that hasn't calfed" (I do not have children), I had a part of my body brought up and referred to as my "Bagina", and I actually had a female supervisor tell me to go sit in the primary offender's lap to take a photo. I was also shown a picture of a packaged soup with a chicken on the front called :Cock" soup due to the sexual innuendo, intended as a joke. I was also called "An attractive piece of meat", and was had my behind photographed without knowing it at the time the photo was taken.Age Harassment: I had menopause brought up to be frequently, because the offending party believed that I should be starting menopause son due to my age. I was also old that my chances of every marrying were basically past, because I am too old to be considered attracting anymore. (Incidentally, I'm 44). For labor Day one year, primary offender wanted to depict me as a pregnant woman on a cake to serve at the office.I finally accepted a position with the same agency in another state (in the North), but accepted a paycut just to leave. I am now finding that I am probably needing therapy for the years of crappy treatment that I endured. I imagine it's too late to do anything about it though, isn't it? I didn't report it while I was there because I felt alone, isolated, and the primary offender was demoted for unrelated reasons. I didn't want to add to his distress, or mine, for that matter.I resent that I had to spend money I don't have and had to take a paycut just to get away from the abuse. Any thoughts on possible recourse?Thank you.
I was hired on 6-21-16 at a nursing home as a registered
I was hired on 6-21-16 at a nursing home as a registered nurse. I have a remote history of substance abuse though have been clean since April '09. However, I have one year left of probation on my RN license in Michigan. I was a part of the Health Professionals Recovery Program quite awhile ago (3 yr program that if allowed to complete would have left my license completely free and clear. However, I was "kicked out" of the HPRP program with only about 6 months to go due mostly to a personality conflict with my case manager (I had random drug tests and never had anything but clean urine). Because of this fact, despite 2 appeals by myself which were both denied, I had to appear before the board of nursing and because it had gone that far, I think even if they thought I wasn't deserving, some punishment had to be given. That punishment was 18 months probation and a very thorough evaluation by a substance abuse professional to determine if I needed further monitoring (this back in approx 2011). The results of that eval were that the counselor strongly felt I no longer needed any monitoring, but I did have the 18 month probation that would only count down if/when employed as an RN. Soon after, I was let go after almost 3 years though the reason was completely unrelated to substance abuse.This brings me to my current issue. After 3 years of being unemployed (difficult to even get anyone to even interview you when it lists "probation" when anyone polls up your license online), I was finally hired at this nursing home, though not before I fully disclosed all of my past history. I was hired for midnights though was required to train on day shift ( 12 shifts in which we were given only 2 15 min breaks and one 1/2 hour for a meal, which in and of itself I feel was not all the way legal on some level. But having not worked for 3 years, and being 50, as you can imagine it was difficult to get used to. But I worked HARD, literally not sitting down for 12 hours at a time except on breaks. I should also mention here that I was diagnosed, after a 5-6 hour day of testing, with ADHD by my psychiatrist and placed on Ritalin. I had never been employed while on this medication so that also took some getting used to (there a some side effects such as shaking and sweating etc) but I didn't want to go without it for fear of not being my most clear.Well after working there over a month, the Director of Nursing met with me in her office to say that "all" of the nurses I had trained with thus far had complained that I was 'jittery, jerky and very scattered" while working with them. For one thing, I sincerely ***** ***** was ALL of them, because I did get plenty of positive feedback from some of the nurses, and neither the Director or her assistant (the one who actually interviewed me and subsequently offered me a job within 10 minutes of meeting her), had worked directly with me on the floor. So this information was all hearsay. In her office that day, r/t those complaints, she asked me to take a drug test under the "reasonable suspicion" tag. I agreed, and she drove me over there right then without any delay or ability to stop anywhere. I was not working that day, and had very important matters that needed my attention, but she didn't seem to care when I told her this. But I went anyway and tested and subsequently passed. There were 2 things found in my urine test, both of which I have valid prescriptions for and sent that information to the Occupational Health Doctor in charge of the results of that testing. (I had 4 shoulder surgeries over about a year and a half on the same shoulder and do occasionally, though rarely take a pain pill at night only.I called the DON after getting off of the phone with the Doctor, and asked her if she had been sent all of the information she needed to call the test good and she said she wasn't sure, that she would go check her mailbox and call me back.Upon the return call, she told me she got the results and that it was everything she needed and that was good, but she was going to let me go anyway as she felt "it just wasn't working out". I begged her to give me another chance, that I HAD been working very hard and that any complaints anyone had were only most likely related to my Ritalin and that I would talk to my psychiatrist and see what we could do, but she just kept repeating "I'm sorry, it's just not going to work out."I really feel I got the shaft, so to speak. Is there anything I can do from a legal standpoint? Anything with the Americans With Disabilities Act related to my history of Substance Abuse or ADHD? I just don't want to take this lying down if there's anything I can do. I spent 3 long years applying to MULTIPLE jobs while financially, we got further and further behind on our bills and was finally able to feel like a contributing member not only to our household expenses, but also a contributing member of society and I know I was doing very well.Please help me with any advice you can offer me. I would very much appreciate it!!Thank you
I wanted to know if it is illegal company to terminate
I wanted to know if it is illegal for a company to terminate your employment without recommending or requiring that you first go through the EAP that the company provided. For example, stress management at the workplace.
Counselor at Law
My name is ***** *****, and I am attempting to locate EO's
Customer: Hello! My name is ***** *****, and I am attempting to locate EO's or procedural requirements for requesting a Hardship Transfer/Reassignment due to medical necessity. I have researched, and found "Reasonable Accommodations," but nothing specifically related to Hardship Transfers/Reassignments. I am working with my HRMD Labor Relations person at my agency, but no one has ever heard of a Hardship Transfer/Reassignment, so I am helping to do the research. Should I be working with my Union Representative or would this fall under the purview of the Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act? Thank you, Ed. JA: Thanks. Can you give me any more details about your issue? Customer: I had spinal surgery in March of this year. It was anticipated that I'd be able to return to work sometime in late June/early July. However, I have had major complications that affect the use of my right arm (limited mobility and strength). As such, I have now been out of work for 9 months. The Neurosurgeon and Physical Therapist are still working to help rectify this issue, but it is unknown from week to week just how much more therapy will be required. As a result, I am still out of work, and cannot drive longer than an hour. This has not only put undue stress on me and my family, but I work for NASA HQ in DC, but I live in Virginia Beach, where I had the surgery, am recovering, and continue all of my medical care. Since NASA Langley Research Center is all of 20-30 miles from my home, and not impede continuity of care JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Job Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: Yes, I will wait. Please forward this response, as the above had a missing sentence. COMMENT: I had spinal surgery in March of this year. It was anticipated that I'd be able to return to work sometime in late June/early July. However, I have had major complications that affect the use of my right arm (limited mobility and strength). As such, I have now been out of work for 9 months. The Neurosurgeon and Physical Therapist are still working to help rectify this issue, but it is unknown from week to week just how much more therapy will be required. As a result, I am still out of work, and cannot drive longer than an hour. Currently, I am in a Leave Without Pay Status, which has not only put undue stress on me, but my family as well. I work for NASA HQ in DC, but I live in Virginia Beach, where I had the surgery, am recovering, and continue all of my medical care. Since NASA Langley Research Center is all of 20-30 miles from my home, and not impede continuity of care JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
I believe my employer knows I have been drinking at work. I
I believe my employer knows I have been drinking at work. I have stopped and have gone to the employee assistance program for help. They have not yet warned me or approached me about this however. It is the busiest time of the year and I am concerned they may keep me on until end of the year and fire me Jan 1. if I do not ever drink again on the job, can they fire me for past transgressions after the fact?
I have a question about a job termination I voluntarily went
I have a question about a job terminationI voluntarily went to treatment for alcoholism and my employer kept me and was going to help me through their employee assistance programI got out of treatment and had a relapse a month later and voluntarily went back to the treatment center and was terminatedTheir EAP program never got in touch with me until I was terminated; am I protected under the employees with disabilities act?
I am a paramedic and have a license in New Mexico and Colorado.
I am a paramedic and have a license in New Mexico and Colorado. Two years ago, I was drinking too much and under a lot of stress. I went to my employee assistance program and entered into AA and counseling in March. In May I showed up to work with alcohol on my breath and was terminated. My supervisor also reported my name to the state which netted an investigation against my license. I had no action taken against me and entered an Impaired practitioner program and have maintained my sobriety, counseling, drug testing, and AA for the last two years per required by New Mexico.My husband and I have relocated to Colorado as of August of last year and when I obtained my Colorado license I reported that I had been investigated and my licensee as in good standing which is true today as well. In my agreement with New Mexico I was required to report to my employer my status with being in the impaired practitioner program which I had with all of the employers in New Mexico. Since I have moved to Colorado, my question is, do I have to also tell my Colorado employer?I have done and am doing all that New Mexico requires and additionally I am no longer practicing down there. I asked the group what that meant since I am no longer employed in New Mexico....my New Mexico license expires in March of 2016 and they stated that I had to continued down there as I have until my license expires....I am not happy about that due to the cost and distance, but my bigger question is do I have to also tell my Colorado employers even though I am in good standing and reported the investigation when I applied to Colorado? I know what I did was wrong and have really been greateful for where I am now in my life.....Thanks