#EmploymentLaw #WrongfulTermination #HIPAA #Support #Advice
Hey everyone! I wanted to share a tough situation my family member is facing and hopefully get some advice from anyone who might have dealt with something similar. So, here’s the deal:
My family member has been a handyman with the same company for about 3–4 years. He’s been battling brain tumors for a long time. While he’s made great progress, the tumors have returned, affecting his motor skills. Up until recently, he was doing well in his job with zero complaints. But then, things took a turn. 🤔
The hospital treating him allegedly leaked his medical diagnosis to his workplace, which is a big no-no in terms of HIPAA laws. As soon as that info got out, his supervisors suddenly became **extra critical** of his performance. They even fabricated instances of poor performance, complete with false warnings. For instance, one warning claimed he poorly installed a window hinge on a date when he wasn’t even at work! 😡
Things escalated quickly, and now he’s been terminated without any formal notice—the kind you usually expect in a situation like this. He’s scheduled for an arbitration hearing with his supervisor and union representative soon. Here’s where I’d love some guidance:
- What steps can he take to demonstrate wrongful termination?
- How can he ensure he gets compensated for this emotional and financial strain, considering everything he’s already been through?
- What constitutes unlawful termination aside from discrimination in this context? 🤔
It’s heartbreaking to see him go through this, especially when he’s been trying to overcome so much already. **Financial stress** and **emotional strain** are really piling up, and that can affect anyone’s well-being. 😞
If anyone here has insights or tips based on their own experiences, please share! Has anyone faced wrongful termination related to medical issues or confidentiality breaches? Your advice could mean a lot in navigating this rough patch. 💪
If he’s in a union, there’s not much we can say about the situation. He and his union representative will have a far better picture of the company’s contractual and legal obligations on termination than anyone else will. If he’s uncertain that the union is adequately representing him, he can also talk to a lawyer, but he’ll likely have to exhaust his options through his union before he can take any other steps.
He should report the providers to HIPAA immediately
How did the hospital leak the information? Did they send a medical report to the employer? How did the employer get this information?
Regardless of the union’s involvement, I also recommend talking to a labor lawyer.
They may not take the case, but they can provide some additional guide lines.
Remember, the union’s lawyer is looking out for the UNION, not your family member, no matter what they say. The Union is the client and pays their bills.
NAL. Document everything you can – even a document written and signed by your family member detailing his experiences is useful. The union lawyer will be the most helpful, and free advice. You will probably need to get another lawyer if you want to sue, but there may be enough evidence that your family member could get a settlement through arbitration.