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: 20,122
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 1 month 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: 20,122
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?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
20,122 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,122 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
If one quits their job ,are they eligible for unemployment.
if one quits their job ,are they eligible for unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was terminated. The language used in my termination was
I was terminated. The language used in my termination was "result of company reorganization". I had not received notice of any disciplinary issues. My job was posted as available within one business d… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,756 satisfied customers
I was in jail and terminated for job abandonment in the
i was in jail and terminated for job abandonment in the state of washington. can i still apply for unemployment? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,122 satisfied customers
As an employer (restaurant), I won the first unemployment
Hello: As an employer (restaurant), I won the first unemployment claim by a former salaried manager. He was terminated for multiple reasons, including undermining the executive by calling him stupid i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I collect unemployment if I was fired for making
Can I collect unemployment if I was fired for making mistakes working? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Employer pays state unemployment insurance and federal
employer pays state unemployment insurance and federal unemployment insurance. Does that mean displaced worker can claim both state unemployment insurance and federal unemployment insurance?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can i collect unemployment if im an at will employee in nj
can i collect unemployment if im an at will employee in nj when my job description signifcantly changed, and lost.5 hours per week? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question regarding unemployment versus disability
Hi. I have a question regarding unemployment versus disability for one of my employees in Colorado. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Why would my previous employer appeal my unemployment when i
why would my previous employer appeal my unemployment when i was there only two month. and i opened my previous claim. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about unemployment eligibility in
I have a question about unemployment eligibility in Colorado. I have a friend who was terminated for poor performance following a failed performance improvement plan. He has been increasingly forgetfu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
What are my possible consequences for receiving unemployment
What are my possible consequences for receiving unemployment benefits and not reporting a pension distribution in Texas? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Filing out the unemployment claim - On the job my separated
Filing out the unemployment claim - On the job my separated husband terminated me on - would it be better to say I was "fired, terminated, discharged from the job" or "the position was eliminated"Sinc… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was claiming unemployment but then accepted a job as an
I was claiming unemployment but then accepted a job as an Accounting Manager. The Vice President of Finance kept giving me directives and treated me as his personal assistant. It prevented me from hav… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
118 satisfied customers
Qualifying for a new period of unemployment insurance.
Qualifying for a new period of unemployment insurance. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a M.D. collect unemployment when she was terminated for
Can a M.D. collect unemployment when she was terminated for breaking apt care law? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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