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I worked for the VA Boston for 19 years and have been

Customer Question
I worked for the...

I worked for the VA Boston for 19 years and have been working on Fee basis for the past six months. I asked for a reference from my supervisor and he revealed my FMLA to a prospective employer and incorrectly stated that I could not work more than 30 hours in a week. Is this a HIPPA violation

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

I reported this to the privacy officer at the VA

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

As a retired employee I am considered a fee basis employee now

Submitted: 3 months ago.Category: Employment Law
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Answered in 2 minutes by:
3/19/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,475
Experience: Employment/Labor Law Litigation
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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).

It wouldn't necessarily be a HIPAA violation unless he gave very detailed information from your medical records. It takes a lot for an employer to be able to violation HIPAA.

That being said, it is clearly an FMLA discrimination/retaliation violation. The employer should never share with prospective employers that you used FMLA, because it can lead to those prospective employers refusing to hire on an "unnamed" basis.

You should contact the Department of Labor in your state to file a complaint against the employer.

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.

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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).

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