Follow-up on my NWR work issue... *nervous*

Re: Follow-up on my NWR work issue... *nervous*

• sapphirebaby926

  

  July 2010 edited December 2011

  I'm really glad you went to HR about this issue. Right now I would't worry yourself with this - let HR take care of it. You're off for 2 weeks right? Take that time for you and relax.
  
  I've never had to deal with what you're going through so I don't know what they are required to do so I unfortunately can't comment on that - I would imagine though that they will at the very least move one of you to another department but I'd be surprised if they kept him on to be honest. Good luck with everything!

  
  

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• loves2shop4shoes member

  

  July 2010 edited December 2011

  I want you to know that I've been thinking about you since you posted your original post.  I was hoping you'd go to HR.

  
  

  I'm not a lawyer (yet), but I'm fairly sure that if you told HR and they didn't AT LEAST move him, they've got one hell of a liability on their hands.  For example, if you reported this and they didn't move him and he were to attack you on the job, they'd be in for one hell of a lawsuit.  

  
  

  I can tell you that when my old boss asked me to have a threesome with him and his wife, I reported it.  They moved him to another store THE NEXT DAY.  And I didn't have a longstanding history of him making vulgar comments to me.

  
  

  Take HR's advice and use this time off to relax.  Focus on your FI, your wedding, and all of the happy things in your life.  If you want to, you can look for a new job, but don't feel like you have to.  I'm sure they will arrange it so you never have to see him again.

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• loves2shop4shoes member

  

  July 2010 edited December 2011

  Nottheonlydream- I'm very proud of you...and like I'm said, now that you've put the ball in your court, I would be dumbfounded if they DIDN'T do something with lightening speed.

  
  

  I know...I can't understand why this happens as frequently as it does.  At first I took it as a reflection of myself.  Why would someone even THINK I was the type to go and have a threesome with a co-worker and his wife?  Did I forget to wash off where it says "cheap, dirty whore" across my forehead or something?

  
  

  Honestly, it's just that some men abuse their position of power and are sick.  I feel bad for all of the women they harass, but also for their wives/SO's.

  
  

  Sending infinite love and hugs your way.

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• catemeg

  

  July 2010 edited December 2011

  I'm so glad you went to HR!  Now take the first week to just relax and be glad you're not there.  Take the second week to look for a new job.  As a woman, I'm glad you stood up for yourself because there's so many women who "take the easy route" and find another job, leaving a pervert around to continue the cycle of abuse with another employee.  It's hard to defend yourself, and sometimes there is backlash - he probably will try to retaliate by putting allegations on you, including this HIPPA thing, or say you were willing.  Be prepared for him to say anything - just keep to the truth, be confident and honest.  If someone questions your honesty, just stand strong and remember that he has no way to back up whatever lies he tells.  Getting defensive will make him look like he's really got something on you.  Just tell it like it is, "You know he's saying this just because he doesn't want to look like the scum he is.  This is not my fault, and he knows it."  That's really all you need to say!
  
  I just sent you a PM with a personal story.
  
  It would definitely be best for you to find another job with a clean slate, but I trust that HR will take care of the situation at least.  Also, if you have any friends or family that are lawyers, talk to them now about your rights.  It's better to be prepared than play catch up.
  

  

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• oceana919

  

  July 2010 edited December 2011

  I think it's a good idea that you went to your HR department about the sexual harrassment. I hope it is resolved as quickly and painfully as possible.
  
  However, I do have to point out, a company (particularly those involved in medical fields) does have every right to fire you for violating HIPAA protocol, granted they have sufficient paperwork proving the violation occurred. It opens the company (and you as an individual) up to anywhere from $100 - $50,000 in fines (depending on the severity and conditions of the violation)  and can open you and the company up to lawsuit by the patient involved. I work with medical/dental students and placing undergraduates in clinic rotations, and work with HIPAA protocol on a regular basis.
  
  This is a good resource for more information on that, for anyone that's interested:
  
  http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-compliance-resources.shtml
  
  I imagine, given your job, you're aware of how HIPAA works and why it's in place, but JIC other people want to see, there you go.
  
  If the HIPAA issue is resolved without penalty on your part, and you are then fired without cause after-the-fact, then you have some grounds to stand on in terms of wrongful termination. I'm sure others more familiar with the law can probably fill you in on that better than I. Just make sure you are keeping documentation of all the actions by the person involved, as well as all the meetings/conversations had with the HR staff, just in case.

  

   

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• oceana919

  

  July 2010 edited December 2011

  Again, I'm not an expert in this or the laws, but it sounds like your situation fell under the exceptions to HIPAA that are in place to maintain medical staff safety and the safety of the public. Similar to a mental health professional being required to report a patient if they confess to a crime, or pose a significant threat to themselves or the public. I could be wrong, but this sounds like one of those circumstances.
  
  Like I said, the penalties for HIPAA violations range widely, depending on the circumstances of the violation. If you've done your research and found that the violation involving you should not warrant termination, then you should be fine.
  
  I'm a strong believer in HIPAA protocol, to be honest. Not just as someone who has to work with it on a regular basis, but as someone with continuous health issues. They are there to protect the privacy and security of a patient. I like the fact that my HR department can't call up my surgeon and ransack my medical files without me having released that information, and that only the people I designate can know what kinds of medication I'm on, my treatment plan, my surgery reports, etc. Or that prescription drug companies or interest groups can't find me and try to hit me up to try their drugs, donate to their cause, etc. I imagine, with the health issues you have disclosed to us, you can understand that.

  

   

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