Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was terminated from my job today for a HIPAA violation. I…

I was terminated from...

I was terminated from my job today for a HIPAA violation. I worked in the nursing center of a retirement community. A few weeks ago someone came in saying she was an ombudsman and wanted the list of names of the residents who were in assisted living. I printed out the list that shows the resident's name, apt. and phone numbers. I was told today that revealing that someone is in assisted living is letting someone know that they require some type of health care. I thought a HIPAA violation required a person to give specific medical information about a resident.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

The meeting I had was with my supervisor and HR manager.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not anything I can think of right now.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
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 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Technically no, just releasing that a person is in an assisted living facility connects that person to medical care. A person's residence in such places is confidential, unless they choose to release it.

That being said, even if the employer were wrong here, the employer doesn't need an actual HIPAA violation to justify a termination in an "at will" employment situation. The employer doesn't need a reason at all, so on these facts the employer could feel that the revelation of information too close to the line for their comfort and that is a sufficient basis for a termination under at will employment.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
o.k. thank you for the quick response.

No problem.

Now, I do think that you have a reasonable basis to argue for unemployment if the employer tries to block it, but that is a different legal standard than whether or not the termination itself is legal.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
20,575 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,575 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have documentation that might be able to prove a hippa
i have documentation that might be able to prove a hippa violation in a civil suit, the judge ordered the magistrate judge to review the file, motions 636b 1b and 1d of appendix c , can a hippa willfu… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,425 satisfied customers
I am covered by a CBA and work for the state, unfortunately,
I am covered by a CBA and work for the state, unfortunately, my health and well being are being put at risk. I have been told I have to go to the EEOC or the IDHR. There are so many things wrong in my… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Employee is seeking IVF care at University of Iowa. Employee
Employee is seeking IVF care at University of Iowa. Employee works at 3m. Dr writes up work restrictions limited to 40 hours a week. Employee files paper work with Sedgwick, 3m's 3rd party provider fo… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,425 satisfied customers
Is a patient's occupation considered a piece of HIPAA? CA.
Is a patient's occupation considered a piece of HIPAA? … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,425 satisfied customers
I am a Federal worker off on Worker's Compensation since 2/28/12.
I am a Federal worker off on Worker's Compensation since 2/28/12. I had a patient who requested counseling with his live in girlfriend of 10 years and I agreed. We did our first session where she reve… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I am currently returning to work after being off from disability
I am currently returning to work after being off from disability (part of my benefits). My Dr has listed accommodations for my return. My supervisor set up a series of "on boarding" meetings that incl… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My name is ***** ***** a medical leave for major depressions
My name is Barb. I took a medical leave for major depressions disorder starting on August 20. The anticipated date of return was 2 weeks. My medical team suggested that I take 4 more weeks. My boss ca… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,575 satisfied customers
Would HIPAA pertain to a situation in a non-health care related
Would HIPAA pertain to a situation in a non-health care related workplace if an employee feels their medical condition was discussed between two upper management employees? For example, employee 1 has… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,425 satisfied customers
My daughter is a NICU nurse at a hospital. She is 38 weeks
My daughter is a NICU nurse at a hospital. She is 38 weeks pregnant and plans to deliver at the hospital where she works. The other day she thought she was in labor (ultimate she was discharged and is… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,575 satisfied customers
My daughter was fired from her job at a urgent care center
My daughter was fired from her job at a urgent care center because they said she violated the HIPPA Law when her boss/manager came up to her and had a file in her hand and said to my daughter I saw a … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
14,675 satisfied customers
an employee, a cna, reported to her supervisor that she had
an employee, a cna, reported to her supervisor that she had had suicidal ideations the previous day. She told the supervisor she had to leave at 11:00 to see her Dr. The supervisor reported to me and … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I work at a hospital. I was taken to the ER of my place of
I work at a hospital. I was taken to the ER of my place of employment as a patient after overdosing. Now HR, my direct supervisor and the Director of Nursing all know about this and are putting me on … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Is it a violation of HIPPA laws to mandate that an employee
Is it a violation of HIPPA laws to mandate that an employee inform their supervisor if they are taking medications or have any health issues that may pose a threat to their health and saftey or the he… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
i am R.N. I work part time three days a week . I also have
i am R.N. I work part time three days a week . I also have a hearing problem. I spoke with my E.O. and ask If I could bring a laptop with a special program for the hearing impaired to use. My biggest … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am a Hospice nurse in Tallahassee, Florida. I commute to
I am a Hospice nurse in Tallahassee, Florida. I commute to my patient's homes in my private car. Last week my car broke down and while my car was being diagnosed and repaired my brother drove me to an… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
HIPPA. If an Employee A gets an email at work from Friend B
HIPPA. If an Employee A gets an email at work from Friend B who is in the hospital with child. Friend B needs to know if a vacation day has been approved. Employee A forwards email to Friend B supervi… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,575 satisfied customers
My supervisor emailed management and other employees about
My supervisor emailed management and other employees about a specific medical procedure I was having and the possible need for another procedure if the first was not successful and noted in the email … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
After raising questions about some "questionable" policies
After raising questions about some "questionable" policies and procedures and lack of compliance at our clinic, I am being unfairly targeted and harrassed by my employer. My work environment has becom… read more
socrateaser
socrateaser
1,452 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