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Tomorrow I must attend a meeting to determine what happens…

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Tomorrow I must attend a...
Tomorrow I must attend a meeting to determine what happens to me, since I apparently violated either a hippaa regulation or a Multicare regulation, or. Both, and spent les than 5 minutes looking at my medical chart online. I had a heart attack about six weeks ago and first accessed MyChart for info but it did not tell me what I wanted to know, so I accessed EPIC and looked at my cardiac cath procedure. I found what I wanted. My manager spoke with me over a week ago and I explained why I accessed the chart. At that time he said that Multicare was going to make an example of me in this. I am 66 years old. There will be no one in my corner for this farce. I think I might need to have "backup" in this meeting. Can you help?
Submitted: 2 years ago.Category: Employment Law
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Answered in 8 minutes by:
2/1/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over

Unless your employer has a specific policy that allows you to bring representation to this meeting, nothing in the law would force the employer to accept the attorney's presence. They could simply refuse to do the meeting unless the attorney leaves. Unlike a criminal law situation where your right to representation is guaranteed, this isn't a criminal law situation and the employer is not a court, so the don't have to respect that you have representation and allow you to bring that attorney.

Even if they allowed the attorney to be present, there really isn't much that the attorney could do in that forum. The attorney could listen and learn as much as possible about the employer's intentions, but unless you have a contract of employment that specifically states that you can only be terminated for cause, the efficacy of the reason given for termination by the employer is not legally relevant. Without such a contract, your employment is "at will" and can legally be terminated at any time, with or without cause. Terminating you here, to make an example of you, while not really a fair reason is also not an illegal basis for termination either. So, in this situation, the attorney could really do nothing more than tell you, at the end of the meeting, that you have no claim and then bill you for their time.

Really, for an attorney to have any ability to work or help, there has to be some sort of allegation of discrimination on your part, based on race, religion, gender, age, disability or recent FMLA use, or there has to be a contract of employment that is being breached. Even in these circumstances, the employer still doesn't have to meet with the attorney. The attorney's ability to assist would revolve around filing the EEOC complaint for discrimination or the breach of contract suit in state court.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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).

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