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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16369
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I am a union craftsman and was taken off of work by a doctor

Customer Question

I am a union craftsman and was taken off of work by a doctor for 10 DAYS. upon my return to work the general Forman on site ridiculed the description given by the physician on the return to work note. Since then (about 3 weeks) other workers on site have ridiculed & harassed me as well using the same exact term that the doctor had used on the paperwork. Since then I hv also been treated like a less desirable person/capable craftsman. all of this is unbearable to the point that I am afraid to come to work. is this a hippa issue &/or something else & what can I do
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.

Hello there --

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Ultimately this could rise to the level of being a HIPPA issue if the foreman is confronted about his behavior and comments by both Human Resources at the employer and by your union steward. Your first step is to make a formal complaint through both of these channels and the company and union then both have legal obligations to tell him to stop and that if he does not stop he will lose his position with the company. If they fail to get him to stop his behavior and other employees who have been doing it are also still doing it (you will have to identify some of them -- at least the "ringleaders" to Human Resources) then you will have a valid HIPPA complaint against your employer to the Dept of Health and Human Services and if the medical situation rises to the level of leaving you with a disability you could also bring action against the employer, the foreman and the union (if they do nothing) regarding employment discrimination.

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While I wish that I could give you an immediate solution so these things will stop tomorrow, unfortunately you must go through the appropriate legal and formal steps to report the matter and give them the chance to take care of the behavior before you can go any further with it.

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MARY