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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118243
Experience:  20+ Years of Employment Law Experience
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On Monday I *********** Deputy Sheriff ************ left

Customer Question

On Monday I *********** Deputy Sheriff ************ left work about 06:00 hours. I went home. About 12:30 I received a call from Lt Tim self advising me to come in for a meeting. I showed up at the office at 12:30 still Fatigued from the night before . I was told to follow him to *********** office. While there I was asked did I take Suboxone before I could answer he stated night before in had fell out of pocket. They never showed me package or anything. They asked me why was I taking it Tim said in a rude way . I told him I hurt my back and was put on medication then instead of weining me off of they stopped me all sudden. So when new I had addiction I went to see Dr ********** was prescribed soboxon had been doing very well. On it . I was told to go get a Dr *********** to write me not and I could not return shift Until it was written so got written. And the Dr not stated I had been doing well with treatment I passed all urine test I had showed up on every appointment etc. On the way down road shared this info Major ********** said he still thought it would be best if I resigned and if I could meet him with my badge and gun Friday at 7:00. The issue I forgot say in first sentence is during them asking about my Soboxon was I was asked if I was on any other medication I was thinking tho is a violation of my hippa law as well as if they could not prove the package witch they stated so9was in were did they get this information

Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please go back to your prior question and leave positive feedback for the expert who assisted you as the experts are not site employees and get no credit for time spent with customers when customers forget to leave positive feedback. Thank you for understanding.
HIPAA is a law that applies only to covered entities. A covered entity under HIPAA is defined as "healthcare providers" and "healthcare insurers." An employer is not a covered entity under HIPAA. An employer is not bound by the rules and laws on personal health information as many people seem to think.
An employer has a right to insure that their employees are safe to perform the duties of their job. As such, it is not a violation of HIPAA for your employer to send you to a doctor to insure you are safe to carry a gun and to perform your duties, in fact it is the employer's obligation to do so, because if you are involved in ANY incident, even one where you are correct in your actions, if the fact you were on some medication that can cause any level of impairment is discovered the department can be liable.
Thus, as a law enforcement/public safety officer the employer has a duty to you and the public to insure that you are safe to perform and as such asking you to get a doctor to certify that is well within the employer's rights. You DO NOT HAVE to resign, since you do have a qualified disability and are entitled to protection under the Americans with Disabilities Act and as long as a doctor certifies you are safe to perform, the employer cannot fire you over this issue.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 4 months ago.
what do I do contact them back say I am referring to resign. Then I be fired still screwed
Customer: replied 4 months ago.
I am a Deputy in a jail not on street . How about the soboxon they found and did not have any proof of it . How about them saying once I got document then I could come back work now there saying I got turn stuff in. Can you contact them find out for me(###) ###-####
Customer: replied 4 months ago.
Don't mean any harm. But like I was saying they want to collect baxvr gun tomorrow. So do I just do that or do I make sure they know I am refuse to resign and then fired with bad reference. So yes answer part question. But second half . I need lawyer to contact them for me
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

It does not matter if you are on the street or in jail, the employer still has the right to make sure you are safe to perform. As far as them not having proof it came from you, legally they need simple probable cause to have you go to a doctor to certify your fitness for duty. They are not charging you with a crime of possession, where the level of proof is much higher. We are forbidden from representing anyone from this site by state law, if you want legal representation in the event they fire you or suspend you, then you need to hire a local attorney from the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com.

You should not resign, you should send them a letter informing them that you are protected under the ADA and you are seeking protection under the ADA. As long as a doctor certifies your ability to perform your job, they have no grounds to fire you.

Customer: replied 4 months ago.
send them letter that I am not resign under ada.thats all I got say in letter does have to be precise
Customer: replied 4 months ago.
Okay but I got have this by tomorrow. Can you write something email to me . Enough to hold off until monday
Customer: replied 4 months ago.

*****************

Customer: replied 4 months ago.
Just format fill in blanks
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Email service such as you are requesting is a premium service and I will send you an offer for that service.