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Should I get a lawyer?

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azzlynn27

Junior Member
What is the name of your state (only U.S. law)? Michigan

In June 2009 I was terminated from my employment for reasons of confidentiality violation. Basically an ex family member was at my hospital and because of past issues and family member death she accused me of violating HIPAA. My employer did an internal "investigation" and concluded that because I talked to so many people that day that I must have done something wrong. There were no witness and no proof of any wrong doing but I was fired anyway. I believe I was fired because they were mad I had an FMLA. Anyway, my employer has been fighting my unemployment. I have won against them twice. My advocate suggested I get a lawyer and the Judge who did my phone interview even stated that my employer barely "investigated" my case. Should I go after them? What do I use for my cause? Do you know any good Michigan attorney's? :confused:
 


swalsh411

Senior Member
A lawyer for what? Your termination was not unlawful. It is legal for an employer to file an employee based upon mere suspicion of wrongdoing. They are under no legal obligation to conduct any investigation at all. The comments made by the unemployment examiner were in regards to the allegation of misconduct, which apparently your employer could not substantiate with credible evidence so you were deemed eligible for unemployment. That does not however mean your termination broke any laws.
 

Beth3

Senior Member
Agreed. HIPAA regulations do not require that an employer do an investigation at all. Additionally, being eligible for UC benefits does not mean your termination was unlawful; in this case it only means that the employer did not met the required standard to demonstrate you engaged in willful misconduct under UC reg's.
 

commentator

Senior Member
You sound as though you are winning the unemployment case. That's as good as it will get. There is nothing else you can sue these people for or receive in compensation as a result of their terminating you. Since you've already had your unemployment hearing, and have prevailed, no attorney will be involved in any further step of the unemployment process. After the hearing, there is only the review by the board, and they do not allow testimony or have an attorney representing you. They merely look at the case to make sure unemployment law was followed while making the decision.Occasionally, they overturn a hearing decision, not often. If they do, you have no further recourse but to take the unemployment issue to civil court. This really rarely happens, and even more rarely does anyone win in civil court.

In fact, you are pretty safe that you have won the case. So why spend your money, or waste your time being told you don't have any further need for an attorney?
 

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