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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24659
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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You helped me with some contract law for my daughter Mikayla

Customer Question

Hi - you helped me with some contract law for my daughter Mikayla Martinson since she was terminated. We now have a copy of her personnel file. In the documentation from HR, there is paperwork on a complaint from a co-worker on Mikayla and 2 other CNAs. The other 2 CNAs information should not be included in Mikayla's file. Confidentiality issue. AND, what if Mikayla's name is ***** ***** files. Shouldn't this have been blackened out. Isn't this a violation of their rights? I am attaching the information she received from HR. There are certainly a lot of things in there that Mikayla did not get to respond to. After all the "he said, she said", she was never given education on the dietary software, etc.... As far as entering the nurse's name, Mikayla has text messages stating that the other CNA's were not educated either.
Submitted: 1 year ago.
Category: Legal
Expert:  Legal Eagle replied 1 year ago.

Thanks so much for your patience and thank you for requesting me. So, there's a couple of things that we should unpack:

1. Confidentiality - Unfortunately, people don't generally have a right to have their names blacked out if they're being referenced in someone else's employment file. Oftentimes, it's necessary to have their information so that way investigations can be completed thoroughly.

2. Like I mentioned before, it's possible that this may be a violation of the good faith and fair dealing principle that is outlined in every agreement, including employment agreements. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. Accordingly, she could potentially turn the tables on the hospital as a result.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

Did you have any other questions for me?

Customer: replied 1 year ago.
What do you mean by "turn the tables on the hospital"?
Expert:  Legal Eagle replied 1 year ago.

I mean that she may be able to sue for a breach of contract since she has a possible case that they didn't provide her the training that could have helped her save her job.

Customer: replied 8 months ago.
Greetings. I am trying to access the link you referred me to for the state-specific breach of contract forms. The link seems to be "broken". Would you please send that again?
Expert:  Legal Eagle replied 8 months ago.

So strange! What state is this again? Michigan, correct?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
34;This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started."
Expert:  Legal Eagle replied 8 months ago.

I actually have a copy. Here you go.

Customer: replied 8 months ago.
that worked. However, the letter refers to taking the defendant to court for civil case if not rectified for an amount of money. Yes, she would like back wages but moreso would like her job back or a similar job in that organization and the termination taken off her record. Do I just list that as what she wants?
Expert:  Legal Eagle replied 8 months ago.

You got it. You can edit that template to say whatever you want:-)