Employees have a right to privacy in many areas, but companies sometimes do everything they can to unearth information or discover more. They then use the information to their advantage and make unethical business practices; even though the information is supposed to be confidential, and using it as grounds to take business actions is illegal, companies will still proceed. Your employer may also request certain documents or records, and if you don’t comply, you may face retaliation. If you were targeted or fired for not submitting medical records to your employer, contact the California Labor Law Employment Attorneys Group. We will ensure that your case is swiftly handled and that you receive adequate compensation if you were targeted at your job. We deal with similar cases and concerns on a daily basis, and we receive questions such as the following:
- I was fired for failing to submit personal medical information to my employer. What can I do?
- I was fired for refusing to submit personal medical information. Can I sue?
- I was fired for not submitting health information. Can I file a lawsuit?
- I was fired for not submitting health records. Do I have a case?
Laws Protecting Employees’ Medical Records
There are a few laws that outline protections for medical records and reasonable actions that can be taken with them, as well as requests concerning them. HIPAA is the main federal law that details privacy with respect to health records. In essence, it establishes doctor/patient relationships and allows patients the ability to choose who can receive certain files. These documents and records can be sent to an employer if you wish, but the employer cannot request them.
- The California Confidentiality of Medical Information Act also pertains to the protection of medical records. Any medical information, documents, and records that businesses receive must be protected; it cannot be sent out to anyone who asks for it and it cannot be used as a means for termination.
- The Federal Credit Reporting Act and California law both outlaw credit agencies from including medical information and bills in their credit reports. Some employers may request credit reports and background checks, and could spot the medical records and use them as a reason to not hire you.
- The Americans with Disabilities Act of 1990 prevents employers from prying into your disability and prevents them from taking action against you because of it. You are allowed reasonable accommodations and your employer must go through the interactive process to determine what these accommodations are.
Bear in mind that these laws do not prevent your employers from having the information, but only from requesting it or using it against you. That is, if they search for the information from a third-party source, such as a news site or social media posts, the company has broken no laws. They may be able to look at court records, news stories, studies, posts you’ve made, and more. Public records and personal statements are not protected by any laws.
Understanding discrimination based on and the solicitation of medical records is important for your claim.
Your employer cannot require you to give them certain medical records, but you may be required to undergo a medical examination to determine your level of capabilities for the job. For example, if you are unable to pass a fitness test for a position with the Fire Department, you will not be hired; this is not a form of discrimination, but a selective process that values certain strengths and benchmarks. However, your employer may not ask you to undergo a medical examination if you were merely applying for a desk job that requires no heavy lifting. It is important that the business stays a safe place, and if your employer request you to divulge certain information related to the health of the department, you may need to go through with it. This can be related to worker’s compensation laws, for example.
- Your employer cannot discriminate against you if they found out that you have a certain medical condition. For example, if you have chronic asthma and the job will not increase the chances of attacks, the employer cannot decide to withhold the opportunity.
- Your employer cannot request you to submit to a psychological examination, nor request information about any mental or physical disabilities.
- Your employer is able to drug test you in various circumstances, but not if your work raises no safety concerns that would require it.
- Your employer is not able to view information about a previous worker’s compensation claim until after a job offer has been made, and the job offer cannot be retracted or denied based on the information acquired or learned in the worker’s compensation case.
- Your employer cannot require you to produce medical records if you plan to take leave under the Family and Medical Leave Act.
- Your employer cannot request genetic information and testing, such as family medical history.
In the event there is a violation by your employer and you suffer negative consequences, such as wrongful termination, you can take legal action and fight back. Your privacy is extremely important and your personal health records and other documents should not be used as grounds for termination except in very specific circumstances.
Filing a Lawsuit against Your Employer for Wrongful Termination
If you were wrongfully terminated or retaliated against because you filed to submit medical records or documents, you could take legal action. You should not be penalized for adhering to the law, and your employer should be appropriately punished for their actions. You will need to get evidence for your case, which can be acquired from many different sources.
Firstly, you should have evidence of the request for medical documents or you should have proof that you were denied employment or other benefits because of the acquisition of said documents. It is rare for an employer to come out and say that you were fired for that reason and they generally will not openly break the law by requesting your medical documents. However, it is possible that they will email your doctor, call a collections agency, or request the documents from a previous employer. Acquiring this proof will be of paramount importance in your claim.
You should get eyewitness statements or coworker testimonies if you can. Other workers may have seen or heard that there were requests for your medical documents, or they may have even been requested to go search for them. However, getting these statements can be problematic. Your coworkers may not want to risk getting punished or retaliated against but the company if they provide you with this proof. If the company finds out, the coworker could lose his job. Many individuals are not willing to risk being fired.
You should have a journal that has all of the information about the wrongful termination or any exchanges you had with your employer about your medical records. This will help you prevent the situation from being too one-sided.
You can submit all the evidence you get to the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing in California (DFEH). The respective agency will look through your case and determine if you have cause, and will then issue a right to sue letter.
We highly recommend seeking out an attorney to help you with your case. If you have never had any legal experience or filed a claim, you may not know where to start or how to proceed. An attorney can organize your evidence, hire expert witnesses to testify on your behalf, and submit the claim. We will negotiate a fair deal and ensure that the law is being followed by your employer.
Earnings from a Wrongful Termination Lawsuit for Not Submitting Medical Records
If you file a wrongful termination claim against your employer because you were terminated for not submitting medical documents, you can receive a fair amount of compensation. These earnings range in type; our lawyers will strive to win you the maximum settlement available. We will bring you the following:
- Reimbursement for lost income from the past and future if you were not working
- Reimbursement for lost bonuses, commissions, tips, and similar additional income
- Reinstatement into your previous position if you desire it, but many individuals opt out because of the treatment or because there will be harassment and retaliation in the future that may not be appropriately punished
- Punitive damages if available due to your employer deliberately discriminating against you
- Payment of insurance benefits and other coverage if you were fired during medical treatment
The Best Firm in Town
The California Labor Law Employment Attorneys Group is one of the premier law firms in Los Angeles for employment claims. We know what it takes to win wrongful termination lawsuits and we believe in justice for all of our clients and all employees. You should not be fired for refusing to submit medical records and for practicing your rights. Your privacy and important, and if your employer violates it, the employer should be appropriately punished. Our aggressive attorneys will not stop until we have won you a fair settlement. If we have to go to court, we will do so without hesitation.
For a free legal consultation, don’t hesitate to reach out to our law firm. All of your personal information and case details will be kept totally private. We will answer all your questions and see to it that you are well aware of the legal process. We will also give you our zero fee guarantee if you hire us. We will not get paid unless and until we win. If we lose, you owe us nothing whatsoever.
If your employer fired you for not submitting medical records, contact the California Labor Law Employment Attorneys Group today.