Clinic released info to current employer

[jjbuss]

My son was working for a construction company but was applying to another one. When he took the drug test through an urgent care facility, they called his current employer and told them the results and why he was taking the test. He had paid for the test out of pocket but they were trying to charge his current employer. He was subsequently let go from his current job. We believe they should never have contacted the current employer. What could we do about their releasing of private information and his loss of employment as a result?

[AFFA]

I wish to inform you that your son may give a written notice to the clinic. If the clinic does not resolve the matter, your son may file a lawsuit. He may claim damages and costs. He may show to the court that the clinic released his information to the employer who sent him out of his job. The burden of proof will be on your son to prove the allegations made by him in the court. He may self represent or appoint an attorney. The court will consider all the facts and decide the matter. Alternatively, he may file a complaint with OCR (Office of Civil Rights). The complaint can be made online or by email.

AFF

[BOR]

Originally Posted by jjbuss My son was working for a construction company but was applying to another one. When he took the drug test through an urgent care facility, they called his current employer and told them the results and why he was taking the test. He had paid for the test out of pocket but they were trying to charge his current employer. He was subsequently let go from his current job. We believe they should never have contacted the current employer. What could we do about their releasing of private information and his loss of employment as a result?

Consult an employment law attorney. There is a doctrine called "Tortious interference in an employment/business relationship". What that means is a party acts in a way to cause harm to anothers employment, by Tort, without a valid reason.


Aside from this if applicable, an attorney can advise on any other proper Cause of Action.

[Lexus]

An employer has the right to request information that is relevant for "employment purposes. Law prohibits an employer from accessing without your permission certain types personal information that is irrelevant, embarrassing or may be used by an employer in a discriminatory manner including but not limited to age, criminal record, medical information, school transcripts and marital status.

[Jamessherwin]

I have done a deeply research on your topic jjbuss and I found that an employer has the right to apply for or issue information on court that is relevant for "employment purposes. He may file a complaint with OCR (Office of Civil Rights). The complaint can be made online or by email. You need to hire an employment law solicitor to present yourself clearly into the court.

[Friend In Court]

Originally Posted by jjbuss My son was working for a construction company but was applying to another one. When he took the drug test through an urgent care facility, they called his current employer and told them the results and why he was taking the test. He had paid for the test out of pocket but they were trying to charge his current employer. He was subsequently let go from his current job. We believe they should never have contacted the current employer. What could we do about their releasing of private information and his loss of employment as a result?

To release medical test information without express written consent from the individual is a violation of HIPPA. And the drug testing company can be held liable.

Unless he came in with a signed form to release the test results to his employer, they had no right under law to contact the employer.

Since he was fired, he has consequential damages. My recommendation is that he see a personal injury lawyer for bringing suit.

[kevinhuge]

My opinion is that generally considered bad manners to seek references from a job candidate's current employer, but it usually doesn't lead to liability. so you take on the response.

Originally Posted by jjbuss My son was working for a construction company but was applying to another one. When he took the drug test through an urgent care facility, they called his current employer and told them the results and why he was taking the test. He had paid for the test out of pocket but they were trying to charge his current employer. He was subsequently let go from his current job. We believe they should never have contacted the current employer. What could we do about their releasing of private information and his loss of employment as a result?

[gail in georgia]

The privacy rule is HIPAA.

Summary of the HIPAA Privacy Rule

[lavellecoleman]

Unlike other administrative applications that help manage a facility, the clinical information technology system touches directly the lives of patients and the work flow of physicians, nurses, and other clinicians.

[jinjher]

Mostly this is not expected from any organization to release information of the employee. This will be great if I could help you out but I am associated with organization which handle only bankruptcy and accidental cases.