Confidentiality Issues: I am ripping pissed. What would you do?

[graywarrior]

Just found out from someone I worked with, who was in a position to know something about my medical condition, that while this former organization were discussing re-hiring me, an employee I would be supervising piped up that I had this medical condition that might prevent me from doing the job (it won't). Did I mention the job deals with disabilities and my condition could be considered a disability?

I'm ripping pissed because there is no way this employee should have that info. Did I also mention that this employee's friend just got arrested for embezzeling close to a hundred thousand from the organization I am maybe, but more likely now, maybe not, going to work for?

I am ready to fucking rip heads off. Thing is, they want me to come in and clean house, yet they still allow these loser employees to keep pulling the stings. Meanwhile, I just got a sweet offer to work for a normal organization for much less money.

Grrrrrrrr. Tell me what you all think. Should I go and kick ass at this place, or walk away and take a less paying job that I may, or may not keep.

[ncabot22]

1. If I were you

I'd go in and kick ass and straighten the place up. Good luck on whatever you decide!

[rustydog]

26. An "Innocent" hippa violation is a 25,000 dollar fine

An intentional Hippa violation gets really serious with provisions for jail time/
hippa being Health Information portability and Privacy Act.

Whoever said this is violating the law.

[Cheney Killed Bambi]

40. Yes

Rustydog is right -- these violations are serious

GO here to know your rights:

http://www.hhs.gov/ocr/hipaa/

[MissMillie]

2. I'd call a lawyer

If you miss out on a job because someone illegally disclosed confidential information about you, I'd absolutely think of filing suit.

[ThomCat]

12. Agreed.

[idgiehkt]

21. I agree with this.

I've seen people fired over it, that's for sure. One supervisor where I used to worked made a crack about a medical condition of an employee in front of other employees...boom they fired him.

[blogslut]

3. Which job needs you more?

Meaning which of the two jobs needs your specialized talents more?

[graywarrior]

4. Both are suitable. The one I'm having a problem with I worked at before.

It would be more kick ass, down an dirty...definetly my style. And, I'd be in charge. The more relaxed job would be more subserviant...I would not make any decisions, just scheduling and organizing programs.

[blogslut]

5. Whch job will make you happier/more fullfilled?

:)

[graywarrior]

6. The kick ass job, I could break some heads...very fulfilling

The other job, I could help kids....it should be fulfilling.

[blogslut]

8. You already know the answer

Don't you? :)

[graywarrior]

10. Yabut......ugh....turmoil.

I'm talking to the exec director after 5 today.

[blogslut]

13. I know

Your dilemma is not one of indecision, but one of realization. You know that the job you prefer will be fraught with difficulty. You are hesitent because you are not sure you want to experience that difficulty. This is why the "easy" job looks promising.

I will go back to my second question. Which will make you happier? The difficult job or the easy job?

[graywarrior]

17. You are right on the mark. Read my update below.

Next time I have emotional turmoil, I'm PM-ing you.

[Kajsa]

7. IMHO, I would go with the kick ass job.

It's more interesting, and sounds like you'd be making a big
difference, there.

That's going to hold your interest and passion for the job.

Just my two cents.

Good luck!

:hi:

[musiclawyer]

9. definately get a good plaintiff lawyer

with proven skill in privacy issues. It's not if, it's how many federal and state laws were violated. If it can be crafted into a nice civil rights claim, you should have no trouble getting a lawyer because, even the slightest violation, and even absent significant "damages", will result in the attorney getting his or her fees. That's the leverage you have. You'll get a settlement of some kind, if you get good counsel.

[graywarrior]

11. Thanks. I am going to investigate that possibility.

[MrCoffee]

14. If you've done the job before, and had good performance reviews while doing it,

and they refuse to re-hire you, demand that they give you a reason for the decision in writing.

then take it to an employment attorney.

[Parche]

15. employee

I would go 'republican postal' on them!!!!

[graywarrior]

16. Ha ha ha. Here's the update.

I just met with the new exec director about what happened. I must say, this guy is very very good at conflict resolution and behavior modification. He realizes that he just took over a basket case of an operation and together we hammered out a deal, including solutions for difficult staff who blurt out inappropriate statements. He then said that one of the reasons he wanted to hire me was that I could handle people who have no clue about employee and client confidentiality. How can I argue with that?

So, looks like we may have a deal. Maybe. I'm sleeping on it. Thanks for all your advice. I do like the republican postal solution, tho.

[philosophie_en_rose]

34. If this happens to other people, do you want to be involved?

It seems like a good opportunity, but I wonder whether the director isn't just trying to appease you - while at the same time setting you up to be responsible for the losers that do this.

I don't know what the director's motivations really are, but the effect seems to be risky for you.

[Cheney Killed Bambi]

41. Yay

Good job, graywarrior

[Rabrrrrrr]

18. Take the job so that you can fire that POS

[Gormy Cuss]

28. I love your directness, Rabrrrrrr. n/t

[Rabrrrrrr]

29. Thanks! I don't do well in "beaeting around the bush".

:rofl:

[graywarrior]

30. Scares the fuck out of me.

:scared:

[Gormy Cuss]

31. ...

yeah well, there is that.
:D

[Redstone]

19. One word: Lawsuit.

Redstone

[Broken_Hero]

20. sorry, that sort of things happens

quite a bit...

A short story, if I may...

My wife's cousin(who I will call Jan), was applying for a job, and one of my wife's coworkers(I'll call her Jill), worked a second mutual job with this inlaw of mine.

Jan, has 5 daughters, and one was raped(a few months back), and to this day, the guy is still awaiting to be processed via the courts...anyways....

Jan, wrote in Jill as a reference...Jill and my wife's cubicles are next to one another, and when an employer called Jill, for a reference on Jan...my wife overheard Jill say

"its not any of my business, but Jan's kid got raped a couple weeks back"...my wife was uber pissed off...wait, I lie...My wife was PISSED!!

Needless to say...my inlaw, Jan didn't get the job...my wife told her cousin what Jill did, and Jill to this day doesn't see what was wrong with disclosing that information...

To clarify, Jill gave up this information, it was pryed from her...the employer didn't ask, Jill just mentioned it because she is a gossip mongering peon.

My wife confronted Jill about this, but Jill just blew it off....

[Oeditpus Rex]

22. I'd steal the phrase 'ripping pissed'

[graywarrior]

24. Take it, it's yours.

[Dastard Stepchild]

23. It seems like you would have cause for investigation...

Should you choose to pursue it. A quick call to your local EEOC office might help you to make a decision about next steps.

[necso]

25. Many times an organization

will talk about cleaning house, but have no real intention of doing so -- or will lose the will to do so, once the consequences (people resisting, bitching-and-moaning, sabotaging, back-stabbing, trying-to-hurt-the-work, etc) become clear -- and once the effects (of this house-cleaning) are miscast in some effective way (the resistors may well try every line-of-attack they can, until they find one that works).

You have to ask yourself -- will these people stick it out? And if they are the kind of people who will stick it out -- then how did they get into their current mess? (Seems contradictory.)

[TahitiNut]

37. Exactly! The irresponsibility syndrome almost always includes "hiring" a 'solution.'

This is endemic to corruptly-run organizations - escape accountability by claiming they need some 'policeman' or 'new blood,' often in a newly-created job ... but, I guarantee you, that 'policeman' will then be the target of every kind of resentment imaginable. There's a reason the entrenched "decision makers" run like hell from taking responsibility and it's usually because they've built an organization wherein back-stabbing and cliques rule and only the skaters and floaters survive. In such organizations, they often present their "opposing forces" internal conflicts with some kind of perverted pride. "Survival of the fittest" ... a kind of social Darwinism at the company level. These are absolutely miserable places to work - often racist and sexist, despite lip service given to some self-inflated sense of superiority.

[necso]

43. I don't think that

I've ever worked for (etc) an organization (directly, indirectly; a sizable number) that wasn't dysfunctional in some (often major) way.

What I find especially interesting is how small organizations (and larger ones too) have (take on) the "personality" of their bosses/owners. (It can be remarkable, and you can get a good idea of what the boss is like just by watching how the organization operates.)

And in such circumstances, it can be pretty hilarious when they bring in some management consultants (psychologists, whatever) to analyze organizational problems. I mean, pretty much everybody in the organization knows what the root cause of problems is (it's the boss, his "court" and cronies), but it really isn't about solving the problem; it's about "addressing" the problem (or even more ominously "empowering the employees*") or some such bullshit.

I've never seen this sort of thing do any real, lasting good -- and it can be humiliating/disheartening to the nth degree to have to go-through-the-motions like these mean something, when you know that nothing (good) is going to come out of it (although perhaps something bad will). Moreover, these consultant types are often careful not to offend (too much) those that pay them, so there's a bias towards pulling-punches to start off with. But this isn't always the case.

For example, one time I was at a meeting where the consultant basically said to the boss's face (and in front of the staff) that she was the problem. (She was: disorganized, undisciplined, procrastinating, unrealistic, etc -- and no, not because she was a woman; but because that was her character.)

And then the boss started crying. (Aw, gee -- talk about making the rest of us feel bad (basically for being honest and trying to help -- the consultant filtered out the worst and was, to my surprise, very professional and forthcoming, while remaining polite and discrete).)

Of course, nothing good came of it: the boss felt shitty for a few days, which didn't improve things -- or make anyone else feel better -- and it was quickly back to the same-old/same-old. Because you can't change character -- and being that way (and affecting the organization in that way**) was just her nature.

Now, mind you, one can try to call forward a better (more effective, more appropriate, more harmonious, etc) face of character (in oneself or others). And one can try to control the expression of character (that is, of the face called forward; like through discipline and self-control).

But if you're going to make a lasting difference, you have to give people tools that they can use and grow into habits (processes, systems). And you have to do this in a way that doesn't turn-them-off, piss-them-off, predispose-them-to-rejection, etc -- which can be very difficult.

*: My favorite Dilbert:

Pointy-headed Boss: Every employee will wear a button that says "I'm empowered".

Intern/young-guy: I don't want to.

Pointy-headed Boss: You have to. ...

Wally: That was everything you need to know about life in one package.

**: To her credit, she knew enough to hire a drill-sergeant of a number-two -- but, of course, this wasn't enough. She was the boss and would (occasionally, when interested) have her way, no matter what: a boss (bossy) thing, not a woman thing.

...

As for this type of "social darwinism", it's important to distinguish between selection like this (self, social, cultural) and selection that's closer to the natural world -- for example, if the organization had to function like an ancestral pack did on the dangerous and challenging plains of Africa. The clowns that thrive (and the "packs" that thrive) in this "higher"-order selection environment, not untypically, wouldn't have a chance where real teamwork (and work) must be practiced in order to survive. (Of course, one can argue that such work and teamwork (etc) are always required in the long term, and that any "error" of higher-order selection will be corrected sooner or later, perhaps by other forms of selection (company getting eaten-up, country getting eaten-up, etc).)

Bad organizational culture = bad organization = bad leadership = bad teamwork = bad work = bad job.

[philosophie_en_rose]

27. HIPAA and employment law violations are very serious.

If I were in your position, I would speak to your state's department of labor.

It is just not okay for employers to be careless with private medical information, let alone cause it to be used against you.

[likesmountains 52]

32. I agree...HIPAA violations are taken very seriously...as they should be

[philosophie_en_rose]

33. Right. Plus the EEOC office can investigate the claim & address retaliation.

[cassiepriam]

35. Do both. Take the normal job and get a lawyer and kick ass at the old place. nt

[Marrah_G]

36. I have a couple questions

How did the employee know about your medical condition?

Unless he somehow got records from your doctor I don't see a Hippa violation there. If say you told a co-worker who then told another co-worker and so on and so on, then it is in bad taste and un-ethical to blurt it out in a meeting. However I do not believe that it is criminal, especially on using the hippa angle. Hippa keeps doctors from disclosing your records without your consent.

A hippa form is given to you to sign saying "it is okay for X person/company" to review my medical records. A hippa violation would be if a medical facility or employee of a medical facility gave out your records or verbally spoke about your records to someone without having your written consent.

[Midlodemocrat]

38. Actually sometimes the information is disclosed in insurance

documentation and as a condition of accepting said insurance to pay your bills, you agree to it.

It is therefore, very much a HIPAA violation. In fact, it was loose lipped HR people who got the whole HIPAA thing going in the first place. Too many people were disclosing too much information about another employee's health.

[Cheney Killed Bambi]

39. That's a violation of

of HIPAA

Please go here so that you are familiar with your rights:

http://www.hhs.gov/ocr/hipaa/


Also, if they retaliate against you at work, it could be a violation of the Americans with DIsabilities Act.. If anyone threatens to demote you or fire you or anything similar, you should get a lawyer STAT.

[Sanity Claws]

42. Probably an ADA violation, not HIPPA

How did this person acquire this information about your medical condition? If she didn't get it from a medical provider who was required to keep the info confidential, then probably no HIPPA violation.
If she got it because you provided the info to the employer for some other reason (in the context of a request for accommodation, a LOA, or a workers comp issue), then it may be an ADA violation. An employer is required to keep medical info confidential.

[Skittles]

44. kick some ass whether or not you stay or leave

that is egregious behavior that needs some correction

[graywarrior]

45. My med info is being used to say I cannot do a job, which is not true.

None of my med info is in my personnel file. Board President spilled the beans to staff after I confidentially shared info with him because he told me he had a similar med condition. I specifically told him I am not recorded anywhere as having a disability.

Lesson: Do not try to help people by telling them you understand if you have a similar problem. It will get you in the end.

[Tsiyu]

46. That is such a common tactic, too

Beware of those who confide too much in you. They could be lying through their teeth just to get you to spill the beans about your own life.

Everything you say WILL be used against you by these types.

Have fun gutting the place, but find some sort of outlet for stress relief.

You'll need it with that bunch.

[graywarrior]

47. All the confidentiality issues are just symptoms. The bottom line is,

they offered me a job, I turned down another job to take it, and then they decide the job is not available. For that, I am pissed.

[philosophie_en_rose]

48. Don't get pissed. Get even.

It's interesting that they now claim the job isn't available. I can't give you legal advice, but I would highly suggest consulting with the EEOC. They'll let you know if you have a case or give you referrals to other services.

[pitohui]

49. get a lawyer

once you start on the path of the lower paying job, you will likely never get back on track again, your whole financial future could be impacted by the decision to give up heart and just slink away to the low-paying job

that is the coward's path, don't be a coward

the employee who violated your privacy needs to be punished, and severely, so that it won't be done again to someone else

that is the path of courage and helping others, tho it might seem a hassle now to stand up for yourself

get a lawyer

now

[graywarrior]

50. Thanks you for that. Another DU'r gave me an attorney's name and

I am contacting him on Monday.