Medical Excuse

[addseg]

TEXAS

Most recently I returned from medical leave. My supervisor for some unforseen reason decided that my excuse was boggus. So he showed it to his supervisor whom decided not to comment. Instead he told my supervisor to tell our human resources dept to contact my Medical office for a confirmation of medical leave. The medical office secretary returned a fax stating that the excuse was altered. So my supervisor decided that it was confirmed and that the excuse was altered. He decided to file paperwork for my termination. I attended the mettings required to clear up the dilema. During the mettings I saw that it was already decided that I would be terminated. So I decided to quit my job because it was giving me tremendous emotional stress to the point of no return. And I did not want to be fired because it would cause problems in potential future jobs. I really didn't want to quit. I have 30 days to change my mind and go back only so I can get fired.

What makes no sense is that my supervisor did not file paperwork on another two employee for infractions that were legit but decided to go ahead with mine at his supervisors behest.

Can the human resources dept contact my medical office and request information such as this? Were the Supervisors Bias? Should the Medical Secretarty have made decisions on herself, or pass them the the medical Dr.?

I seriously need advice.....................Please !

 

[cbg]

So, had the excuse been altered?

That's a serious question. It is not an accusation.

 

[jfernandez76]

I am not a lawyer...

But my mother is a doctor. She said that unless you are on workers' compensation, any other medical info falls under patient/doctor confidentiality. HR could not call up your doctors' office and demand any info. Any info given by the secretary would be a violation.

If the note was a fake,...there can be some other issues though.

Please do get some advise from others.

 

[cbg]

There's a big, big difference between asking for medical information, and verifying whether or not an excuse is valid.

 

[jfernandez76]

cbg-My mom agrees completely.

If the excuse was faxed over for validity purposes, yes.

But under federal Notice of Privacy Practices, HR couldn't just call up the medical office secretary and ask for a verbal medical confirmation of a patient. The office can not even give out dates seen in office over the phone unless the patient had given prior written authorization.

With an invalid excuse though,...

 

[cbg]

That's the thing. It doesn't sound to me as if the employer DID ask for anything except a confirmation of the excuse. No one is saying that the employer can ask for medical information. We've all heard of HIPAA.

 

[jfernandez76]

cgb-Shoot! I didn't know what HIPAA was,...
Just trying to help. Could you take a look at my thread on wrongful termination?

 

[cbg]

That's okay, jfernandez, but you need to remember that I work with employment law every day. I appreciate your effort to help, though.

I must have missed your post. I'll go take a look.

 

[rmet4nzkx]

When you gave them the Dr's excuse, you gave them permission to contact the Dr's office. Did you alter the excuse? If so, how?