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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56857
Experience:  Licensed attorney helping employers and employees.
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Need advice: if, hypothetically, a unexperienced person were

Customer Question

Need advice: if, hypothetically, a young unexperienced person were given verbal (phone) hire for a full-time medical clinic position, were not given ID or background check or written job agreement, were told the paperwork was in process, were asked to buy uniforms and show up the next day for the discussed position, had a person show them briefly the procedures and ON THAT FIRST DAY were granted almost immediate access to PHI, for the only 3 days this person worked, were given access to patients without receiving OSHA or HIPAA training, no w2/w4 forms, no I-9 form and were issued password ***** access computer, and were informed thru another employee that this was just how it was done. Hypothetically speaking, the young person did not know that this was unusual, as this would be their first full time job. ON THE THIRD DAY, this hypothetical clinic gave the young person forms to sign containing references for this person to sign that the young person had received HIPAA training and had read the" Code of Conduct", neither of which had been provided by the clinic. Hypothetically, this person took the forms home to review, researched HIPAA requirements, and refused to sign the forms on the grounds that this young person had not received the requisite training/literature. This hypothetical clinic staff refused to schedule training or give the youth any more paperwork, claiming that they were too busy, and stated that they could not pay the young person without receiving the signed forms, and reneged on the offer of full-time employment. What would be the remedies and possible legal costs for this hypothetical youth, assuming the person was unemployed and financially strapped, but not trying to be particularly vindictive toward the hypothetical clinic, simply wishing to be paid for the person's 3 full days of work and indemnified from any liability under HIPAA? What are the options available to this hypothetical youth--would the clinic have to sign off on something? And what are the typical costs for a HIPAA trained attorney (keeping in mind that this hypothetical unemployed person's (had left previous job for this job) financial reserves would be extremely limited)? What are repercussions for HIPAA/OSHA whistleblowers in this hypothetical position, and would this person's reporting of clinic's alleged HIPAA/OSHA violations be mandatory for the youth &/or any attorney that might be contacted with non-hypothetical situation? Please address these issues ASAP, very appreciative of your guidance.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Infolawyer replied 11 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 11 months ago.

Disclosure of the violation is protected. Normally it will lead to investigation within the institution to ensure violations do not re occor. Where the violation is accidental, often a first offense does not lead to much beyond corrective action at the institution.

Expert:  Infolawyer replied 11 months ago.

Tried to expedite. Kindly let me know if clear. If can clarify anything or address anything else let me know

Expert:  Infolawyer replied 11 months ago.

Kindly rate me 5 stars.

if I can clarify anything let me know

Expert:  Infolawyer replied 11 months ago.

thanks in advance. dont forget to rate me.