Not Engaged Yet

*slams head against the wall*

Well ladies,

I went to my follow-up meeting and got fired. Yes, fired. They fired me for a "Class III" HIPAA violation supposedly. Which means that when I violated my clients privacy I was intending malicious harm, personal or commercial gain. Um, huh?!

They had three tiers of violations they could have given me (someone who has NEVER been in trouble with this company) and they chose the harshest one. The best thing was is they handed me a letter, dated and signed yesterday, that said I was terminated.

Lets see - I reported my sexual harassment claim on Tuesday, was told afterwards that I was being investigated on a "minor HIPAA violation" but that the harassment was the biggest issue. They told me to take a "mental health break" and pretty much forced me to get my psychiatrist to write a note saying I was off work. Then yesterday morning they brought my boss and his boss in to discuss my allegations. I get a call yesterday around 2 telling me that my HR director needs me in today at 3 for this meeting.

I was brought in alone first and told they were still checking into things about my boss' actions and that they had to talk to some more people (namely the people who backed up my story) and then it would be resolved. Then they brought in my boss' boss who was talking to me 5 mins before acting like it was all fine. She said nothing and he told me, "Well we have to let you go."

Supposedly my boss was also accused of the same HIPAA violation that I had AND a very serious sexual harrassment charge but guess who is still employed?

That's right! My Boss!

I stated the law of protection against firing due to confidentiality breach and my HR director seemed shocked and kind of flustered. I thanked them both kindly, walked out with my head high, got into my car and immediately called my lawyer. I had a feeling this might happen.

I filed for unemployment, thank God FI makes good money or it would be worse, and already started applying for jobs. I should be freaking out but I'm calm and almost peaceful about it. I know I did the right thing and my lawyer and the law seems to think so, too. So when my CEO receives the notification that his precious company is being sued by an EMPLOYEE and not a client - maybe they'll think twice about having a clients rights officer up everyone's ass all the time.

I plan on exposing everything about that place because the poor, mentally ill, homeless and abandoned children I worked with and advocated for - deserve a whole lot better. I'll be fine and I will make it through but what about them? And what about other staff that works their ass off and gets nothing but trouble for it in the end?

I started the whole thing and I will end it.... but it won't be nicely. Clearly they don't realize they messed with the wrong uppity bitch. :)

**hugs** thank you all for your support!
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Re: *slams head against the wall*

  • tafft1tafft1 member
    1000 Comments
    edited December 2011
    Sorry to hear all this , it really sounds like a mess but I hope things turn around soon. Best wishes and luck.
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  • edited December 2011
    That's a bag of BS. I would try and sue for wrongful termination. Now, I'm not a lawyer, but I'm sure one of the lovely law ladies here could point you in the right direction.
  • edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_not-engaged-yet_slams-head-against-wall?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:136Discussion:7464a7a5-6d4a-410a-823f-05a58bb0d1bfPost:719a691e-a1bb-4acb-aa31-059efb082d08">Re: *slams head against the wall*</a>:
    [QUOTE]What on earth did I have to gain?
    Posted by nottheonlydreamer44[/QUOTE]

    Well, OBVIOUSLY your own personal safety. OBVIOUSLY.

    What were you thinking you selfish, <em>selfish</em> girl? <img src="http://cdn.cl9.vanillaforums.com/downloaded/ver1.0/content/scripts/tinymce/plugins/emotions/images/smiley-undecided.gif" border="0" alt="Undecided" title="Undecided" />
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  • edited December 2011
    Sounds like you're doing everything we'd all tell you to do.  I would have said to take a couple days off to breathe before looking for another job, but good for you for getting out there. You'll make yourself look great to a potential employer.  Hang in there.
  • edited December 2011
    Wow. How awful. I'm sorryUndecided
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  • edited December 2011
    My jaw hit the floor when I read this.

    You have to work for some of the stupidest people alive.  CAN WE SAY "WRONGFUL TERMINATION LAWSUIT"?

    I'm SO GLAD you're suing those bastards.  It's clearly retaliation.  If your boss had the same exact issue with HIPAA  AND a sexual harassment claim and he DIDN'T get fired and you did...that's just crazy.  Also, your life was threatened.  You had nothing to gain besides your own personal safety.

    I'm SHOCKED that any HR people are that dumb.  They probably assumed you were ignorant to the laws and that you'd go quietly.  They probably assumed you were so flustered from your sexual harassment issues that you wouldn't possibly be researching the law.  Well...I say you sue them and enjoy every penny of the fat check.
  • edited December 2011
    What BS!  Sounds like you handled it gracefully though.

    I wish this surprised me, but I'm super glad you have the resources to take them to court!  Two of my good friends work for government mental health/ rehab places and it seems like the protection they're getting has seriously gone down hill in the past few years.  One of them quit because she couldn't protect herself without getting fired (sounds similar, minus the sexual harassment suit).  The system needs to change!!!
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  • edited December 2011
    I'm not a reg on here, but I've been following your story.  I'm angry for you, but kudos to you for knowing your rights, and taking them to court.  No one should be allowed to get away with that kind of crap.  Good luck, and let us know how it goes!
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  • edited December 2011
    Wow, not how I was hoping it would go, but unfortunately far too frequently the outcome of these types of situations.  Stay strong!

    He probably went in and threw you under the bus, saying who knows what to discredit you.  Write down your version of everything that happened NOW while it's fresh in your mind.  Then put the piece of paper aside and write it down again.  Then put that aside and write down what happened in reverse order, from today backwards.  Try to stick to purely the facts of what happened, keeping emotion out of it.  Write down every example you can think of sexual harassment, along with who was there to witness it or what exactly was going on that day or time.  This will help you get the truth together, every bit, so that they can't fluster you when you go for a deposition (which is usually the first part of a sexual harassment and wrongful termination lawsuit).  Don't have any further contact with your previous boss except through your lawyer.

    I hope your lawyer is good.  I really want these guys to get sent to the cleaners.
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  • edited December 2011
    You're not going to get unemployment as long as they can 'prove' they've let you go 'for cause'.  It's a struggle, especially since they filed the HIPAA violation against you.

    I got let go last year because my boss didn't want me taking her clients while she was on maternity leave.  She tried to tell the unemployment office that they let me go for poor performance... I showed them an email with the head of sales from a week before saying that I had DOUBLED my target for the month, and emails from very happy clients.  It still took 5 months to sort out, and by then I had another job.  I'm still working on trying to get retroactive unemployment since I had a lot of expenses during that time (including relocation) that I had to pay out of pocket.

    Like I said, work with the lawyer.  Good luck!
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  • run21run21 member
    100 Comments
    edited December 2011
    Not to be a negative Nelly, but is anyone at all concerned that the poster violated the HIPAA? Obviously we don't know all the details and I don't know about the other people who responded but I take my health privacy VERY seriously. What about the patients' rights? I would be furious if my rights had been violated.

    I'm sorry to hear you lost your job and that there is all the added drama with the sexual harassment crap, but frankly, this post is kind of like saying, "I was doing 75 in a 35 AND GOT A BIG EXPENSIVE TICKET! Feel sorry for me!"

    I just don't, aside from the sexual harassment aspect, which no one should have to go through.
  • edited December 2011
    I have no doubt you're in the right and that you deserve unemployment - it all depends on whether the company contests your claim or not.  For instance, you don't have to pay unemployment to someone you fire for stealing from you.  If someone claims unemployment and the company doesn't contest it, you'll get it.  But if they contest it, it can get nasty.  There's an appeals process, and it's all a big pain in the neck.  Just saying, don't be surprised if they make it a hassle.  Use that lawyer when you need it!
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  • edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_not-engaged-yet_slams-head-against-wall?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:136Discussion:7464a7a5-6d4a-410a-823f-05a58bb0d1bfPost:f931ec39-156c-4309-a49b-29873c7684e1">Re: *slams head against the wall*</a>:
    [QUOTE]Not to be a negative Nelly, but <strong>is anyone at all concerned that the poster violated the HIPAA?</strong> Obviously we don't know all the details and I don't know about the other people who responded but I take my health privacy VERY seriously. What about the patients' rights? I would be furious if my rights had been violated. I'm sorry to hear you lost your job and that there is all the added drama with the sexual harassment crap, but frankly, this post is kind of like saying, "I was doing 75 in a 35 AND GOT A BIG EXPENSIVE TICKET! Feel sorry for me!" I just don't, aside from the sexual harassment aspect, which no one should have to go through.
    Posted by run21[/QUOTE]

    Actually, I'll be completely honest, I am. I have a hard time wrapping my brain around a company firing a young woman (discrimination lawsuit point #1) with health issues (discrimination lawsuit point #2) who just filed claims of sexual harrassment (sexual harrassment lawsuit right there) unless they had a justifiable reason (with solid supporting documentation and evidence) to do so. Firing someone after they make claims of sexual harrassment with supporting witnesses just screams <strong><font color="#ff0000">"BIG HUGE EXPENSIVE LAWSUIT"</font></strong> - I have a hard time picturing a company deliberately setting you up with the opportunity to do such.

    I just get the feeling that we're missing pieces of the puzzle in this story, but hey, that's just me.

    Violating HIPAA protocol is serious business, no matter how you slice it. The fact that the patient filed a complaint is basis alone for the company to protect itself and terminate your employment.

    I'm sorry if that's mean or unsympathetic, but that's just how I look at it.

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  • edited December 2011
    A HIPAA violation is a felony and a class III violation is far more than grounds for termination, it's grounds for incarceration.  They could (and should, if it's legit) give you a hefty fine, years in prison, take away your right to vote and your drivers license.

    Actually, even talking about this on the internet right now is really going to screw you over when and if a lawsuit comes along.
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  • edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_not-engaged-yet_slams-head-against-wall?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:136Discussion:7464a7a5-6d4a-410a-823f-05a58bb0d1bfPost:f86f5e5a-724f-4b3c-a1a7-df4d4e62b323">Re: *slams head against the wall*</a>:
    [QUOTE]A HIPAA violation is a felony and a class III violation is far more than grounds for termination, it's grounds for incarceration.  They could (and should, if it's legit) give you a hefty fine, years in prison, take away your right to vote and your drivers license. <strong>Actually, even talking about this on the internet right now is really going to screw you over when and if a lawsuit comes along.</strong>
    Posted by Narwhal[/QUOTE]

    She's got an excellent point. In the previous post concerning this, you actually disclosed his condition, what he was being treated for, and gave us a pretty detailed description of the events that led up to your violation. That alone is technically a HIPAA violation in itself, as HIPAA extends to maintain a patients name/birthdate/social security, but also their current health conditions and status of treatment. You can't disclose that outside of health professionals without a patient's consent. You put a lot of that out on an international web forum where <em>anyone</em> can read it.  

    I'm sorry if this is unsympathetic, but if I went on an international public web forum and found my doctor telling the world how I was being treated for drug addiction and was mentally unstable, I would sue the shite out of them.

    If you're really serious about trying to fight this, posting all this information is really to your disadvantage.

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  • hetshuphetshup member
    2500 Comments
    edited December 2011
    I say leave it.
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  • edited December 2011
    Deleting it won't do any good, you know.  Things posted are the internet are always saved in caches.
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  • edited December 2011
    Hetshup,



    P.S. No, that is not a role of quarters in my pocket.  And it doesn't mean that I am happy to see you.  (EVEN THOUGH I AM!) 
  • edited December 2011
    I knew you'd be able to get it up eventually, Mutley!
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  • hetshuphetshup member
    2500 Comments
    edited December 2011
    Why are you poking me?
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  • edited December 2011
    Google saves them, not individual people. No one has to be looking to screw you over for them to be found.
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  • edited December 2011
    Hetshup, can't a girl poke without a reason?  Geeeze.  Innocent
  • edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_not-engaged-yet_slams-head-against-wall?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:136Discussion:7464a7a5-6d4a-410a-823f-05a58bb0d1bfPost:77b5c52b-e328-485b-a887-2e12bcefb790">Re: *slams head against the wall*</a>:
    [QUOTE]Hm, I was not aware. Even more reason why I would love for this and the other thread to be deleted so I move on with things and deal with it however it needs to be dealt with. :)
    Posted by nottheonlydreamer44[/QUOTE]

    Unfortunately, as I imagine Jeanna will tell you, you can't delete threads unless there's a <strong>major</strong> reason why it needs to be deleted (death threats, etc.). That's if they can even be deleted at all.

    Unfortunately, Knot threads are like a bad STD...you can never quite make it go away.

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  • run21run21 member
    100 Comments
    edited December 2011
    And I'm not sure if breaking the law and confessing online is a MAJOR enough reason. Sooooo....
  • hetshuphetshup member
    2500 Comments
    edited December 2011
    I say that you go to your therapist and tell that person what happen. They are also bound by hipaa. If you are for real, now you've opened yourself to be sued by the co and the individual. In the future, when you run off to call the lawyer about your discrimination, maybe get some info about what the consequences are to you.

    Mutley-- I likeded it.
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  • hetshuphetshup member
    2500 Comments
    edited December 2011
    BTW, I am disinclined to help people that won't help themselves.
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  • edited December 2011
    "I am disinclined to acquiesce to your request."

    Arrggh.
  • hetshuphetshup member
    2500 Comments
    edited December 2011
    If it would make you feel better, I'm looking for a wedding cake design. I can put you in charge of that, Mutley.
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  • edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_not-engaged-yet_slams-head-against-wall?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:136Discussion:7464a7a5-6d4a-410a-823f-05a58bb0d1bfPost:6e0aef06-115e-44fb-8801-c6348355b0f7">Re: *slams head against the wall*</a>:
    [QUOTE]And I'm not sure if breaking the law and confessing online is a MAJOR enough reason. Sooooo....
    Posted by run21[/QUOTE]

    I never said I didn't break the law; I did and I admitted that to my employer, my only claim is that I was justified in doing so.  I also never said "<em>oh poor me please feel sorry for me..."

    </em>This post was anything but that I said I felt peaceful not having to go back there but the firing was suspicious and that I felt bad for the<strong> clients;</strong> I was one of the few people in my company that cared truly. I completely feel like I did the right thing and whatever does happen out of it, I will continue to feel that way. As soon as I walked yesterday I started looking for new jobs; I'm hardly pitying myself or asking anyone else to. I just hold true to the fact that my firing was unjust.


    Hetchup: Not sure why the comment about going to my therapist was necessary (which btw I already saw my psychiatrist this week per the suggestion of my former employer). There's no reason for anyone to be snarky towards this post and I'm more than capable of helping myself but appreciate the offbeat advice.

    The only reason I posted any of this is because I wanted those who gave me the strength to go to HR about my boss an update on what had transpired. I realize that I shouldn't have gone so in depth with things and that's my fault.

    I'm done posting on this subject and I would appreciate it if everyone else would as well. Thank you all for everything.
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  • hetshuphetshup member
    2500 Comments
    edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_not-engaged-yet_slams-head-against-wall?plckFindPostKey=Cat:Special Topic Wedding BoardsForum:136Discussion:7464a7a5-6d4a-410a-823f-05a58bb0d1bfPost:e8c6d014-a2ca-4e65-b7e9-0122a44ac3ca">Re: *slams head against the wall*</a>:
    [QUOTE]<strong>felt bad for the clients; I was one of the few people in my company that cared truly. </strong>Posted by nottheonlydreamer44[/QUOTE]


    Yes, I would feel bad for people whose medical history I've decided it's ok to openly distribute. I would feel AWFUL that I'm leaving them. Also, you know you've broken the law, yet it's ok because you've fessed up to it, whoop-de-do.

    I am genuinely sympathetic to someone getting harassed at work, but I am not for someone who decides that that wrong is greater than their own, and thus should sue for it.
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