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quispquake Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:05 AM
Original message
Question about Employee Confidentiality
Hi all!

My office mate has a bit of a problem that we are at a loss about what she can do...

She currently has a daughter that has possibly been sexually abused. She is visiting doctors, and is working on this issue.

She has informed the boss what is going on. He has APPEARED to be supportive.

The day before yesterday, she was out at a doctor's appointment for her daughter. Her daughter's therapist office called when she was out, (someone I know works there named Joe), and my boss took the call.

He was very rude to Joe, badgering him for information, and DEMANDING to know why they were calling (although he knows in general what is going on). He wouldn't let up either, and was very belligerent to Joe, and bullying. My office mate found about this when she next visited her therapist, and Joe let her know what happened (he was extremely freaked himself, and finally said it was none of my boss's business & hung up on my boss).

My boss never told my office mate about this.

Needless to say, we both feel this was completely out of line. My office mate is at a loss to what she can do about this (my boss does NOT take criticism or confrontation well...he's got the emotional maturity of a spoiled three year old).

Any DUer's that have any ideas how to approach this? My office mate is going to confront the boss, but she wants to be on as informed a level as possible about the situation (as my boss WILL freak on her). We're very close, and I don't want her fired vindictively or anything like that (which I do NOT put above my boss).

Thanks for any help/suggestions!!!
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redqueen Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:09 AM
Response to Original message
1. She should play it safe.
Perhaps THANK him for his concern, but tell him that the doctor has advised her to keep this information strictly confidential for her daughter's well being. Put it all off on the doctor's office policies, and there's less chance he'll lash out at her.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:10 AM
Response to Original message
2. i don`t know where to begin.....
Edited on Fri Aug-27-04 11:15 AM by rchsod
she screwed up and her boss screwed up..first things first-how many people work in your office or business? is it over 15 or more people? actually go to the office of civil rights-federal and your state. i just spent over 15 hours last week going over the federal site and my state site in dealing with medical issues at the place my wife works..alot depends on the number of workers at your company...
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quispquake Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:15 AM
Response to Reply #2
4. Quite honestly,
I don't see how she screwed up...my boss knew she was at a doctor's appointment...

And the company has over 100 employees...
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:25 AM
Response to Reply #4
6. she has to file under the- family leave act
either you or her go to that site now...then dig into the other issues involving -does your company have their own person who takes care of the medical insurance?- there is alot that goes into this law-it will take sometime to weed thru the ins and outs.. like i said your friend although she meant well should have never said anything to your boss..your boss should have said that he isn`t the person to tell this to because legally he is not supposed to! it is not your friends fault it is his.. i`m sure that the companies legal dept. would be extemely upset with him...to much info to post here -but do check out the office of civil right-family leave act..she`s covered...
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Tandalayo_Scheisskopf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:11 AM
Response to Original message
3. This matter has mental health implications.
Under Federal Law, and that of most states, there are rules of confidentiality that caregivers cannot break. There are legal penalties if they do. They can only disclose information is they have a disclosure form specifically filled out and that names the person and organization to whom the disclosure can be made.

Your boss may not know these things, but that does not, for one moment, mitigate the fact that he is an idiot. Someone needs to clue him in on the laws. He has no need to know the details of course of care for this child or her family. If he keeps this sort of thing up, he could be putting himself in the crosshairs of civil legal action.

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jedicord Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:20 AM
Response to Original message
5. This guy is way out of line - I work in HR - check out this website.
There is something out there called the HIPAA Law.

http://www.hipaadvisory.com

You may be able to find out legal implications.

What a jerk!
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 11:31 AM
Response to Reply #5
7. the company i work at just
implemented a random drug test-wanted to know all the medications the employees took--opps --haven`t heard anything more about the drug tests..could it be that they forced the people to sign the paper,the paper was handled by the foreman and were laid on his desk..plus there is no one who handles the medical in the company-it`s all done by the employees..opps. i just spent last week going over every dam line of the act...
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quispquake Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-27-04 12:21 PM
Response to Reply #5
8. Thanks everyone!!!
It was great hearing all your suggestions...It's nice to not feel so powerless in the great corporate fiefdom thanx to DU'ers!!! My office mate is perusing the hipaadvisory thing right now.

pp23
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