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Old 05-02-2014, 01:32 PM
 
15,632 posts, read 24,435,519 times
Reputation: 22820

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Quote:
Originally Posted by strikefirefall View Post
Yes, but I was only out for 1 week and they replaced me the day before I was set to return.

Do they pay a portion of your insurance coverage? If so, they have the right to access your medical records. Could there be something in your records that would have made them want to replace you?


Edited to add that your posted your employer also wanted to know exactly why you were in the hospital. You're right in that you dont have to tell them anything but, since California is an at-will state, they can let you go for any non-discriminatory reason -- meaning if they dont like your shoes or your attitude.

Last edited by TFW46; 05-02-2014 at 01:48 PM..
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Old 05-02-2014, 01:39 PM
 
13,011 posts, read 13,050,479 times
Reputation: 21914
Quote:
Originally Posted by TFW46 View Post
Do they pay a portion of your insurance coverage? If so, they have the right to access your medical records. Could there be something in your records that would have made them want to replace you?
This is so wrong. I cannot begin to tell you how incorrect you are. Instead, I will send you to the HHS page that discusses this and I will let the federal government tell you how mistaken you are.
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Old 05-02-2014, 01:44 PM
 
15,632 posts, read 24,435,519 times
Reputation: 22820
Quote:
Originally Posted by fishbrains View Post
This is so wrong. I cannot begin to tell you how incorrect you are. Instead, I will send you to the HHS page that discusses this and I will let the federal government tell you how mistaken you are.

I know it sounds wrong but my HR dept had someone come in to our offices and tell us about HIPAA. He told us that HIPAA privacy laws dont apply to an employer who's paying at least a part of the insurance/bills. I was later hospitalized for a stroke and emergency surgery and my medical records were furnished to my company for that reason.
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Old 05-02-2014, 01:54 PM
 
18,069 posts, read 18,822,893 times
Reputation: 25191
Quote:
Originally Posted by TFW46 View Post
I know it sounds wrong but my HR dept had someone come in to our offices and tell us about HIPAA. He told us that HIPAA privacy laws dont apply to an employer who's paying at least a part of the insurance/bills. I was later hospitalized for a stroke and emergency surgery and my medical records were furnished to my company for that reason.
Wow.
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Old 05-02-2014, 02:05 PM
 
Location: San Antonio, TX
11,495 posts, read 26,879,364 times
Reputation: 28036
That's what it's like working contract security.

Is the new post at the same pay rate? I know some companies will move you to a different post and pay less for it. I think you might be able to make an issue of it if that's what they did.


About being fired for being in the hospital, I had to have an emergency C-section a month before I was due, and my employer called me in the hospital, fired me, and told me I had an hour to return his keys or he would keep my last paycheck. He had a very small company, less than 25 employees, so what he did to me was totally legal, at least in TX where I live.
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Old 05-02-2014, 02:18 PM
 
603 posts, read 846,984 times
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Quote:
Originally Posted by TFW46 View Post
Do they pay a portion of your insurance coverage? If so, they have the right to access your medical records. Could there be something in your records that would have made them want to replace you?
I have insurance through a parent, not my employer.
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Old 05-02-2014, 02:20 PM
 
603 posts, read 846,984 times
Reputation: 121
Quote:
Originally Posted by Hedgehog_Mom View Post
That's what it's like working contract security.

Is the new post at the same pay rate? I know some companies will move you to a different post and pay less for it. I think you might be able to make an issue of it if that's what they did.

My boss just started vacation yesterday and is out for 2 weeks. The other person I can call did not pick up so I left a message. I'm assuming I was assigned to a new post, but they haven't officially told me that. The company normally doesn't fire people unless it's something extreme, they just send you to another building.

I'm just upset because this location was incredibly close to me, I'd gotten used to the hours and the tenants of he building, and the fact that they replaced me less than 24 hours before I was set to return.
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Old 05-02-2014, 02:21 PM
 
Location: Arizona
6,131 posts, read 7,988,699 times
Reputation: 8272
Quote:
Originally Posted by fishbrains View Post
This is so wrong. I cannot begin to tell you how incorrect you are. Instead, I will send you to the HHS page that discusses this and I will let the federal government tell you how mistaken you are.
...or here http://www.hhs.gov/ocr/privacy/hipaa...er_summary.pdf

Specifically the second page.
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Old 05-02-2014, 02:26 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by strikefirefall View Post
I have insurance through a parent, not my employer.
What is so difficult about supplying your employer with a physician's note attesting to the fact that you were hospitalized for a week? It's perfectly normal practice in the workplace. And, as has been repeated in this thread, you weren't fired but were reassigned which too is perfectly normal practice in a position such as yours.

Nothing illegal has been done to you so get with it and concentrate on your job.
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Old 05-02-2014, 02:53 PM
 
Location: The Carolinas
2,511 posts, read 2,818,693 times
Reputation: 7982
Everybody's looking for a big cash payment so they don't have to work any more. "I'll get lawyered up and won't have to work another day in my life" seems to be the creedo of a lot of people on these boards.

Be thankful you have a job. Get your doctor to provide you a letter stating that the hospitalization was necessary for that length of time and give it to them to satisfy their wants.

Get over it and get on with it. . . . they could have fired you for not providing the note or an email after three days (fairly customary). They could have done it right then.
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