Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My FMLA forms were faxed to my employer and the fax was not

Customer Question
located in the HR managers...
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: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
7/1/2009
Employment Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,694
Experience: Years of experience in running a medium sized law firm.
Verified
Dakeclark,

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.

Best of luck, and don't forget to press ACCEPT!

---

I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

There might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Remember, sometimes the law under which your situation falls does does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 or beginning your question with “This Question is for Eli - ”
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,694
Experience: Years of experience in running a medium sized law firm.
Verified
Ely and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Employment Lawyer: Ely, Counselor at Law replied 8 years ago
Thank you for accepting the answer. Is there anything else I can answer on this or any other topic?
Ask Your Own Employment Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,694
102,694 Satisfied Customers
Experience: Years of experience in running a medium sized law firm.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
My spouse is currently out on a short term disability for a
My spouse is currently out on a short term disability for a medical condition. His employer is notifying us we are no longer eligible for health insurance because of the reduced hours while on disabil… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I was terminated while on short-term disability for back
I was terminated while on short-term disability for back surgery. Is that legal? They said it was because I had no definite return date but I had told them a week earlier that I was seeing the surgery… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had knee surgery and was placed on short term disability
I had knee surgery and was placed on short term disability while recovering from surgery my employer also wants to use fmla along with the short term disability can they do that? I was told that they … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Its regarding a Short Term Disability claim.... NV. I'm in
hello...its regarding a Short Term Disability claim.... … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
I was recently put on short term disability, for AUD, when
I was recently put on short term disability, for AUD, when my employee called me in and asked why I was off of work, they said I was off for breast cancer, in which I do have, and I've been on anti de… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
I have been on short term disability through my employer
I have been on short term disability through my employer plan and fmla for 6 months due to breast cancer complications. My doctor has given me a return to work but restrictions on no typing or mouse c… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have used all of my FMLA along with short term disability
I have used all of my FMLA along with short term disability during Feb-May came back to work 5/5. I was not 100% better however I went back to work. Migrane headaches caused by an accident and then ha… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
My company offers short term disability and has paid other
My company offers short term disability and has paid other employees who are off for surgery. I just had a hip replacement and was refused short term disability because they said it is for people that… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am on short term disability. I, was on term disability and
I am on short term disability. I, was on long term disability and just came back to work in Feb.2017.I was told because I have only work 1000 hours, I am not able to receive fmla. I, have work for the… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I filed for short term disability on august 18th and was
i filed for short term disability on august 18th and was terminated on august 21st. will i be able to transition to long term disability even though i was terminated. i am in the state of AZ … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
I filed for short term disability on august 18th and was
i filed for short term disability on august 18th and was terminated on august 21st. will i be able to transition to long term disability even though i was terminated. i am in the state of AZ … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Union. I'm on short term disability( paid by union( for my
I'm on short term disability( paid by union( for my high risk pregnancy and looking to work from home from my computer for commission. I'm wondering if thats legal… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
If someone is on short term disability due to a medical
If someone is on short term disability due to a medical problem, and they go on an interview for a new job (need to find career with less stress and more time flexibility due to medical condition), mu… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
Is it possible to get short term disability for an injury
Is it possible to get short term disability for an injury after getting laid off from a job. The injury is not related to work but is affecting work.… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Are employees covered for short term disability if they have
are employees covered for short term disability if they have surgery and will be out of work for appx 6 weeks … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x