Questions regarding HR investigation

[hire21618]

State of IN. Employed at a 3 location office with around 55 employees, no HR department.

Last week our practice admin and office manager called me and another employee down for a meeting. They said someone had accused both of us of using drugs during work functions. They were taking us to be tested immediately and we would be suspended without pay pending investigation. That is literally all the information we were told. We were not allowed to counter any accusation or give our side of things.

Literally two weeks prior to this, I accepted a position of someone who had put their notice in. This person then began to spread other rumors around the office and was acting disrespectful and rude. Blocked me on Facebook. Management is aware that this was happening.

After my test came back clean, I was told that it was obvious the allegation was malicious but they felt they had to follow through.

I have 2 questions, I guess.
1) Is it a violation of confidentiality to have called two coworkers down together regarding allegations?
2) Am I entitled to a copy of the investigation report and/or allegation?

 

[quincy]

State of IN. Employed at a 3 location office with around 55 employees, no HR department.

Last week our practice admin and office manager called me and another employee down for a meeting. They said someone had accused both of us of using drugs during work functions. They were taking us to be tested immediately and we would be suspended without pay pending investigation. That is literally all the information we were told. We were not allowed to counter any accusation or give our side of things.

Literally two weeks prior to this, I accepted a position of someone who had put their notice in. This person then began to spread other rumors around the office and was acting disrespectful and rude. Blocked me on Facebook. Management is aware that this was happening.

After my test came back clean, I was told that it was obvious the allegation was malicious but they felt they had to follow through.

I have 2 questions, I guess.
1) Is it a violation of confidentiality to have called two coworkers down together regarding allegations?
2) Am I entitled to a copy of the investigation report and/or allegation?

No. No.

 

[hire21618]

No. No.

Thank you!

 

[zddoodah]

Is it a violation of confidentiality to have called two coworkers down together regarding allegations?

What do you mean by "violation of confidentiality"? Are you asking if there's a law that made what you described illegal? If so, the answer is no.

Am I entitled to a copy of the investigation report and/or allegation?

No.

 

[quincy]

Thank you!

You’re welcome, hire21618. Good luck in your new position.

 

[Taxing Matters]

State of IN. Employed at a 3 location office with around 55 employees, no HR department.

Last week our practice admin and office manager called me and another employee down for a meeting.

What kind of business is this? Is it a medical practice or provider of some kind? Who did the testing, the company itself or an outside testing firm?

 

[quincy]

What kind of business is this? Is it a medical practice or provider of some kind? Who did the testing, the company itself or an outside testing firm?

If results of a drug test are positive, the employee would be entitled to a copy of the test and eligible for a re-test. It sounds as if the results were negative and that the negative test ended the investigation.

 

[cbg]

Depending on the answers to Tax's questions, the possibility exists that in calling them down together, as opposed to separately, HIPAA was violated.

 

[Zigner]

Depending on the answers to Tax's questions, the possibility exists that in calling them down together, as opposed to separately, HIPAA was violated.

Is the fact that they were to be tested HIPAA protected information?

 

[quincy]

Depending on the answers to Tax's questions, the possibility exists that in calling them down together, as opposed to separately, HIPAA was violated.

The results of the drug tests would be confidential but not the fact that they would be tested.

 

[cbg]

Excuse me, Q, but that is not necessarily correct.

 

[quincy]

Excuse me, Q, but that is not necessarily correct.

How is it not true?

 

[cbg]

IF the employer is some form of medical practice AND IF the OP is a patient of the practice as well as an employee, HIPAA would apply.

I will grant you that there are a couple of really big IF's there. But a blanket, No, there is no HIPAA protection, is too broad a brush to be painted with for my comfort. And I am trained in and certified in HIPAA once a year.

 

[quincy]

Here is a link to HIPAA guidance for consumers:

https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html

The test itself is not confidential health information. Only the results of testing is confidential.

Could there be some strange exception? I suppose it is possible.

 

[hire21618]

What kind of business is this? Is it a medical practice or provider of some kind? Who did the testing, the company itself or an outside testing firm?

It is a medical practice. We are both patients as well.

We were taken to an outside company for the actual testing. I was not told his results, but it's pretty obvious they were positive as I was asked to come back and he was not as of yet.