Can my Employer share my personal health information??
 

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I have not been posting a whole lot, however a lot has been going on. I'm going to be as brief as possible, but I am really jazzed up and angry right now, so please bear with me...


I've been at my job for 3 years on Thursday June 9th. I took a 5 week 'medical' LOA, starting on April 27th. Since have been out of the office, I have heard from many people that my boss has been sharing my personal health information with not only my co-workers, but my CUSTOMERS too!!

Since there has been so much turn over at my job, there are only three of us left that have been there at least three years, plus the owner and his wife - the rest (@24?) are new within the last 5-6 months. (This is a whole other story, but way too complicated to type).

Anyhow, I took a leave because my stress level had gotten so out of control. I was crying all the time, my tremors were really acting up, my depression was horrible, and my gait was all goofed up. Plus, I was dealing with a bunch of emotions over DD not graduating with her class. Because of all this, and the added stress at work (bad or non-existent processes and procedures, miscommunication, undefined roles, etc.) me and DH decided that I needed to take a break to get back on track. Well, while I was away the owner, my boss, has been talking with my peers both as a group (company mtg) and with some individuals, he told everyone that my "MS is really progressing" and that "she is 'really sick'."

I never even told my boss the 'specific reason' I needed the medical leave...I told him that I was under an unusual amount of stress, which do affect my symptoms, but never, ever did I disclose any information about my MS progressing! In fact, my MS has not been progressing since January 15, 2010 - the day I started my Tysabri infusions!

He has also brought me up in our weekly Operations meeting (Sales, Deliver, Mgmt. team) that they will be posting my job if I do not return by June 9th and that if I come back, he will have to make some adjustments to my duties and comp plan!!! He can't do that legally, can he????!?!?! I was absolutely shocked!

One of my CW's told me that boss is planning to make some adjustments to my job description and comp plan, because he needs to 'scale back Amy's responsibilities'. In three years, I have never once been talked to about my responsibilities being lax. Nor have I ever had a 'write up' or been talked to about my performance. I have only gotten good and positive feedback. In fact, in two separate commission audits....it has been discovered that in October 2009, Boss shorted me $987 in my commissions, and then in Nov 2010 there was another audit, and another $10,015 was found that I wasn't paid for. That is $11K that he has withheld from me!

Now, here is another kicker....I had planned a 'SDE User Group' meeting for May 10th (SDE is a help desk software I sell), and since I was going to be gone, some of the folks from the partner company would come in to run the meeting, along with my boss, the owner.

Well, sometime during a break in the meeting, the boss’s wife introduced herself to one of my customers because she recognized his name. She talked with him for a bit, and then he asked where I was? - Instead of telling him that I had 'other responsibilities' or 'making something else up', she proceeded to tell him that I was on FMLA and that my MS was really progressing and I wasn't doing well!! I found this out yesterday during my check in calls to my customers. My customer answered my call right away, and proceeded to ask how I was doing, am I ok? Can he do anything for me? And I am like 'What?’ what do you mean? He then told me that Debbie had told him how sick I was and that my MS was getting worse, etc. I then told him that no, my MS is not getting worse, and that I took the time off because of the stresses at home (& work) were causing some symptoms to return and I needed to take some time off to figure some stuff out. I didn't want to tell him that it was a very stressful atmosphere at work and that my DD screwed up and all the other crap filling my life, because it is not his business! We have a friendly, business relationship, and yeah, I would probably hang out with him in a group with our SO's, but still would not bring my health into any of our conversations, because it is my job....not my personal life.

Anyhow, after that conversation it dawned on me that I had a vm on my cell phone from Tuesday May 10th...from a different customer, calling to check in, tell me "he missed me at the meeting today, and that he is really sorry that you're not doing well". I had totally forgotten about that, so I made sure to give him a call yesterday too. He wasn't in the office, so I will find out what he heard about me on Monday.

So, the boss I have trusted and been dedicated to for three years has been not only cheating my out of my commission (been pd for now), and talked about changing my job responsibilities with others before talking with me, but he is disclosing my personal, health information to people that have no right to know about unless I choose to tell them! What in the world is going on?! This is so unbelievable to me!

I spoke with a lawyer last Tuesday, because of all of the things I had been hearing...thinking that was bad enough, and now since I've been back two days...I get even more information. Lawyer wants me to gather information on all of the Sales reps that have had my same title. He wants age, resumes, job descriptions, and base salary if I know it. I do know several, because I asked them straight up, and they are planning to leave, and they have also been cheated on commissions. I told them that I was 1 of 3 employees still on a 10% pay cut since Feb 09. (I was making $35k base, less 10%, so I am now at $31,500) I have found out that the reps hired after me have STARTED with a base salary range of $60-70K!!!! And yep, you guessed it....they are men, and all but two of them were my age or older (I'm 42). In fact one of them was hired in January, as an Intern, came in at $1k less than me, but two weeks ago was promoted to a CRM Consultant, in which he is not certified, and now is making $55,000!!!

Now, hmmmm, I believe that I may have a situation where my employer has broken ALL of the EEOC laws, except for the Pregnancy Discrimination Act....since that is so not ever going to happen again.

So, what do you think? Do I sue his ***? Should I rent a billboard out on 35W with his picture and cover it with his lies and discrepancies? I am absolutely flabbergasted....

Yes, I tried to be brief.....sorry

Sue his *** and then retire on your reward!!:D

I'm glad you contacted a lawyer because as I was reading I kept thinking "she needs to contact a lawyer". Sounds like they broke most all of the privacy laws. I hope you can get your co-workers to back up the claim if you need them to.

I would be so angry I would be spitting! Heck, I'm angry now for you and I don't even work there!

I would also keep my mouth shut, gather as much information as I could and not give them any reason to fire me or pull any other moves to get me out of there. I'd be taping everything and never go into a meeting one on one with the boss unless I had a witness or a tape recorder with me.

They've broken the law and you absolutely have a lawsuit should you choose to proceed with it. The customers you spoke with can be called as witnesses as to what they were told, the people you work with can be called as witnesses, etc.

yes, I have several co-workers that will back me up. I just cannot believe that he think he can get away with this!

I am just going to continue to do my job as I normally do. You know, a tape recorder is probably just what I should get. As I am sure we all would agree....memory isn't a strong suit for many or most ms'rs.

The boss I had from 10/10 - 4/27/11 told me to never be in a meeting with him without a witness. She thinks he is crazy. He aparently told her to fire both me and another gal last October....her first 'terminations' at the company. Since she didn't really know us well, she did some investigating on my sales activities. She went back to the boss and told him he was 'out of his mind, and didn't he realize that Amy's numbers were helping to keep the doors open!' She said she flat out refused to do it...plus there was only good things in my personnel file, nothing negative. I have a feeling that there is many more levels to his deceite. I'm planning to be very accomodating, just like I have always been and just let him keep sticking his foot in his mouth. I emailed the lawyer this morning to give him an update on the happenings on Friday, and to let him know about the two customers that I know about, who were told. I have a pretty good idea that I will be discovering more.

your boss sounds like a schmuck.

I've only taken one ethics class in my life (a medical ethics class) and from you said about everything he's done, he wouldnt know what the meanings of the words "ethics" and "ethical behavior" is.

Maybe you'll get lucky and he'll suddenly be replaced on monday morning with the world's best boss and you'll get a huge raise and an apology from the schmucky boss. (well, it could happen, couldnt it?)

Good advice! No matter how much you trust your co-workers don't confide anything to them. They might mean no harm but they could innocently mention something and make the boss suspicious.

I don't trust too many people anymore. I hate to be so suspicious of everyone but I've been burned too many times to take that chance again.

No chance of him being replaced.....he is the owner of the company! :(

Take notes about everything and take them with you. Don't leave copies at work. I hope this all works out in your favor. :hug: