Recent content by Beth3

I followed these instructions and the wife of the client is now threatening to sue my company and me for violation of Hippa. Then the client's wife does not understand HIPAA. Informing others that that a client died of a drug overdose does not violate any medical confidentiality laws...

Calalily, it has not been established that the protectionos of the ADA apply. Regarding the civil code you cited, that is out of context and consequently there is no way of knowing whether that applies to employers in the private sector. What I can tell you for certain is that medical...

There is no HIPAA violation here. HIPAA applies only to medical information an employer might obtain through their group health plan. It definitely does not apply to any medical information an employee tells their employer, including doctor's notes an employee presents. It may have been bad...

Yes, the WC insurance carrier certainly will have lots of questions when someone claims a back injury, receives treatment, and then doesn't inform them for the next six months that they're continuing to have pain and medical problems. Frankly, they're automatically going to suspect that you had...

A post written in all caps is nearly impossible to read and when done on the internet, it's the equivalent of shouting. Please repost your message using both upper and lower case.

There are laws that prohibit discrimination and harassment in the workplace and they have been in place for quite a few years now. Not every form of harassment is prohibited though. Since you have provided no information as to why you were being harassed and what form it took, it's impossible...

Of course you can find another lawyer. You hired this guy and you can fire him. I suggest you consult with several other WC attorneys and if you find someone you feel will more adequately represent you, you may sever your relationship with your current attorney. Something will have to be...

The hiring manager at one place has told me Emphatically that the Previous employer Has Basicaly Revieled More than yes or no as to wether or not he would rehire me. So? He can reveal whatever information he wishes to as long as it is factually accurate or represents his honest opinion. He...

You are correct about your paycheck. Your employer may not reduce your wage without advance notice and may not take unauthorized deductions from your paycheck. You may contact your State's Department of Labor and file a complaint. Also, wouldn't I still have to be an employee for them to...

Duranie, the poster being unpleasant right back is not a good plan (although it's a tempting one.) I second your suggestion that ignoring him is the best bet.

The only thing that can be done if the WC carrier is not complying with the settlement agreement and not acting in good faith is to go back to court. (Actually, it will most likely be a hearing within the WC Division with an Administrative Law Judge.) I don't know why the WC carrier is...

I'm sure this is not a politically correct term but frankly, the guy is something of a weirdo who obviously has, um, "issues." I'm sure this anti-social behavior is not just limited to work. As cbg said, nothing illegal is taking place. Predicting human behavior is near-impossible, even...

Are you sure the handbook says exactly that? No employee will be terminated without arbitration??? It's possible of course but that would be an extremely unusual (and odd) policy to have. It's more likely that the Handbook may say something about employees being required to go through...

You have the right to wait and see what your employer decides to do regarding her accusations. That is the extent of your rights here. Unfortunately, you have a pissed-off secretary who decided to allege sexual harassment after you disciplined her and due to the fact that for a period of...

Does 'may elect' mean that given 60 days notice is not necessary or is the 60 days binding? It means the employee is free to quit as long as they give 60 days advance notice. Telling a prospective employer that I can't start for 60 upon agreement does not seem fair. But apparently you...