Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I have been suspended for 3 days for posting a picture of a

former patient of mine in...
I have been suspended for 3 days for posting a picture of a former patient of mine in the nicu that the mother took, shared with me and gave me permission to post. She was discharged from our facility 6 weeks ago. I listed only her first name. I did not get written permission before posting as that she was no longer a patient in the hospital. Are these fair grounds for suspension? Is this a true hipaa fiolation? Should I seek the support of a local attorney?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: west virginia
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: The parents have offered to provide a letter of consent. Both of which are physicians.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 10 minutes by:
5/18/2017
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,857
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades, and I handle employment law. I am also quite familiar with HIPAA as it relates to hospitals and clinics.

The posting of the name (first, last or otherwise) of the patient, without specific permission to do so---even if the patient approved the posting of the photo, was technical HIPAA violation.

I would have to say that the inconsequential nature of the violation really did not justify the suspension, but the employer is within its right to discipline even for the most minor of HIPAA infractions. I have represented nurses before in battles with hospitals, and my own wife is a floor nurse at a hospital. I do not see any cause of action that you have arising out of this incident and therefore you are really not in need of an attorney at this point in time.

What you should probably do though is to get the letter of consent from the physicians and ask that it be placed in your personnel file because it certainly lessens the appearance of the "violation" and may be important in your future career to have the proof that you were given permission to post by the patient them self.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,857
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified
LawTalk and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Define specific permission please.

Hi,

There is nothing special about the term "specific permission". I intended simply the everyday meaning. You had permission to post a photo. You also needed permission to post a name with the photo or a technical HIPAA violation occurred. That was what I was getting at.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

Ask Your Own Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.

LawTalk 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

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 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

3,912 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
Employment Law - NC A company has 15 employees. All
Employment Law - NC A company has 15 employees. All employees are considered fulltime and on salary with includes a certain amount of PTO each year. If an employee takes off more days than he has PTO … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I m looking for employment law attorney. Full time with
i had to resign after PIP would like to file age discrimination case, has worked here more than 7 years… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about employment law. At will Full time.
The person accusing me texted me that they were contacting my boss… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Employment Law: Mandatory training. If required or mandatory
Employment Law: Mandatory training. If required or mandatory to complete. I am an hourly employee and management expectst that we complete while working our shift or is this something that should be p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I have a California employment law question. is there
I have a California employment law question. is there someone that can assist? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about employment law in Texas. My employer
Hi! I have a question about employment law in Texas. My employer is asking me to sign a blanket wage deduction agreement that makes me feel a little uncomfortable. I just want to make sure they can le… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I have employment law related question from an employer
I have employment law related question from an employer point of view. This is to do with California EDD.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about employment law. It is an story that
It is an long story that started years ago. I have resigned my position because of how this person has treated me in the past (which was documented with HR), however, I haven't documented the incident that made me decide to resign. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I was trying to fine specific employment laws for but im
Hi there! I was trying to fine specific employment laws for virginia but im having trouble. I was issued a summons recently for serving alchohol to a minor, I did ID him but I read it wrong. This resu… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I'm looking for an employment law attorney who works in
I'm looking for an employment law attorney who works in central Illinois. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I believe that the "at will" employment law is an advantage
I believe that the "at will" employment law is an advantage for the employer and disadvantage for the employee. Do you agree? Is there a chance that it will some day be eradicated?… read more
Michael Bradley
Michael Bradley
JD
1,191 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