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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38183
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If my manager went into a locked draw of my desk and took my

Customer Question

If my manager went into a locked draw of my desk and took my hypertension medication (with my PHI) on a day I was absent from work.I went to take my medicine realizing it wasn't there only to have he/she call me into their office to show me my medicine and I stated I was looking for that. The person stated I wasn't supposed to keep my medicine in my draw. I told this person I lock it every night. It was secured. They stated I wasn't allowed because during the day if I left my desk, a student or other staff member could have access to it. I asked if I could keep it in my bag because I take it in the afternoon when I am at work as prescribed. They just shrugged their shoulders and didn't respond. I am represented by a union but have not filed a grievance yet. I just wanted to know if this is a violation of my rights/hippa violation??? She took a picture of my medication bottle before handing me back my vial. I asked her why did she take a photo with her cell phone and she responded because I wasn't supposed to have it in my desk. What are my rights? She has been harrassing me intentionally trying to degrade and give me unsatisfactories in my work which is always on point. It's like she has a vandeta against me that started 6 months after I started there and I just started my second year at this school in which I am a secretary. I would appreciate your feedback. The Union told me just to keep a log but I have not filed a grievance with them as of yet. Can I file a personal injury lawsuit against her for this latest action? Sincerely, B.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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I am represented by a union but have not filed a grievance yet. I just wanted to know if this is a violation of my rights/hippa violation???

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It was definitely unprofessional and improper for the manager to do this, but if this is a desk that they own in the workplace that they own where you work, then they have the legal right to enter it at any time since it is their personal property on their premises.

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It isn't a HIPAA violation because that only applies to licensed healthcare professionals and only if they disclose confidential medical info to a third party without the patient's consent.

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Can I file a personal injury lawsuit against her for this latest action?

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No, you weren't injured in any way by having the manager go into a company owned desk that you use and snoop through the contents looking for violations by an employee..

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This is an intrusive and nosy manager who likes to snoop on employees and see what they are doing, but as much as I don't like it, I think she was within her rights. I would still file a grievance with the union if just to get it on the record as just one more thing she has done to intentionally try and provoke you.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister