Go Back   NeuroTalk Support Groups > Health Conditions M - Z > Multiple Sclerosis > The Stumble Inn

The Stumble Inn The place for social chat for our M.S. community. The Stumble Inn

Can my Employer share my personal health information??

Reply
Thread Tools Display Modes
Unread 06-11-2011, 02:35 PM   #1
DizzyLizzy
Member
 
DizzyLizzy's Avatar
 
Join Date: Dec 2008
Location: Minnesota
Posts: 219
My Mood:
Default Can my Employer share my personal health information??

________________________________________
I have not been posting a whole lot, however a lot has been going on. I'm going to be as brief as possible, but I am really jazzed up and angry right now, so please bear with me...


I've been at my job for 3 years on Thursday June 9th. I took a 5 week 'medical' LOA, starting on April 27th. Since have been out of the office, I have heard from many people that my boss has been sharing my personal health information with not only my co-workers, but my CUSTOMERS too!!

Since there has been so much turn over at my job, there are only three of us left that have been there at least three years, plus the owner and his wife - the rest (@24?) are new within the last 5-6 months. (This is a whole other story, but way too complicated to type).

Anyhow, I took a leave because my stress level had gotten so out of control. I was crying all the time, my tremors were really acting up, my depression was horrible, and my gait was all goofed up. Plus, I was dealing with a bunch of emotions over DD not graduating with her class. Because of all this, and the added stress at work (bad or non-existent processes and procedures, miscommunication, undefined roles, etc.) me and DH decided that I needed to take a break to get back on track. Well, while I was away the owner, my boss, has been talking with my peers both as a group (company mtg) and with some individuals, he told everyone that my "MS is really progressing" and that "she is 'really sick'."

I never even told my boss the 'specific reason' I needed the medical leave...I told him that I was under an unusual amount of stress, which do affect my symptoms, but never, ever did I disclose any information about my MS progressing! In fact, my MS has not been progressing since January 15, 2010 - the day I started my Tysabri infusions!

He has also brought me up in our weekly Operations meeting (Sales, Deliver, Mgmt. team) that they will be posting my job if I do not return by June 9th and that if I come back, he will have to make some adjustments to my duties and comp plan!!! He can't do that legally, can he????!?!?! I was absolutely shocked!

One of my CW's told me that boss is planning to make some adjustments to my job description and comp plan, because he needs to 'scale back Amy's responsibilities'. In three years, I have never once been talked to about my responsibilities being lax. Nor have I ever had a 'write up' or been talked to about my performance. I have only gotten good and positive feedback. In fact, in two separate commission audits....it has been discovered that in October 2009, Boss shorted me $987 in my commissions, and then in Nov 2010 there was another audit, and another $10,015 was found that I wasn't paid for. That is $11K that he has withheld from me!

Now, here is another kicker....I had planned a 'SDE User Group' meeting for May 10th (SDE is a help desk software I sell), and since I was going to be gone, some of the folks from the partner company would come in to run the meeting, along with my boss, the owner.

Well, sometime during a break in the meeting, the boss’s wife introduced herself to one of my customers because she recognized his name. She talked with him for a bit, and then he asked where I was? - Instead of telling him that I had 'other responsibilities' or 'making something else up', she proceeded to tell him that I was on FMLA and that my MS was really progressing and I wasn't doing well!! I found this out yesterday during my check in calls to my customers. My customer answered my call right away, and proceeded to ask how I was doing, am I ok? Can he do anything for me? And I am like 'What?’ what do you mean? He then told me that Debbie had told him how sick I was and that my MS was getting worse, etc. I then told him that no, my MS is not getting worse, and that I took the time off because of the stresses at home (& work) were causing some symptoms to return and I needed to take some time off to figure some stuff out. I didn't want to tell him that it was a very stressful atmosphere at work and that my DD screwed up and all the other crap filling my life, because it is not his business! We have a friendly, business relationship, and yeah, I would probably hang out with him in a group with our SO's, but still would not bring my health into any of our conversations, because it is my job....not my personal life.

Anyhow, after that conversation it dawned on me that I had a vm on my cell phone from Tuesday May 10th...from a different customer, calling to check in, tell me "he missed me at the meeting today, and that he is really sorry that you're not doing well". I had totally forgotten about that, so I made sure to give him a call yesterday too. He wasn't in the office, so I will find out what he heard about me on Monday.

So, the boss I have trusted and been dedicated to for three years has been not only cheating my out of my commission (been pd for now), and talked about changing my job responsibilities with others before talking with me, but he is disclosing my personal, health information to people that have no right to know about unless I choose to tell them! What in the world is going on?! This is so unbelievable to me!

I spoke with a lawyer last Tuesday, because of all of the things I had been hearing...thinking that was bad enough, and now since I've been back two days...I get even more information. Lawyer wants me to gather information on all of the Sales reps that have had my same title. He wants age, resumes, job descriptions, and base salary if I know it. I do know several, because I asked them straight up, and they are planning to leave, and they have also been cheated on commissions. I told them that I was 1 of 3 employees still on a 10% pay cut since Feb 09. (I was making $35k base, less 10%, so I am now at $31,500) I have found out that the reps hired after me have STARTED with a base salary range of $60-70K!!!! And yep, you guessed it....they are men, and all but two of them were my age or older (I'm 42). In fact one of them was hired in January, as an Intern, came in at $1k less than me, but two weeks ago was promoted to a CRM Consultant, in which he is not certified, and now is making $55,000!!!

Now, hmmmm, I believe that I may have a situation where my employer has broken ALL of the EEOC laws, except for the Pregnancy Discrimination Act....since that is so not ever going to happen again.

So, what do you think? Do I sue his ***? Should I rent a billboard out on 35W with his picture and cover it with his lies and discrepancies? I am absolutely flabbergasted....

Yes, I tried to be brief.....sorry
__________________


Amy



DO WHAT makes you happy, Be with WHO makes you smile, Laugh as much as you breathe & LOVE as LONG as you LIVE




July 2006- First significant SXs, suspect it started back in mid 1990's
1/21/09 - Positive MS Dx
2/17/09 - 2nd Positive MS Dx
4/2/09 - MS Dx 3rd Neuro - finally found the Dr. who has the characteristics I was looking for
10/8/09-optic neuritis flair, Cog Fog, chronic headaches
5/4/09 - 12/15/09 Copaxone
1/15/2010 - First Tysabri Infusion
DizzyLizzy is offline   Reply With Quote
Unread 06-11-2011, 02:49 PM   #2
SallyC
Legendary
 
SallyC's Avatar
 
Join Date: Sep 2006
Location: SW Ohio
Posts: 17,182
My Mood:
Default

Sue his *** and then retire on your reward!!
__________________
~Love, Sally




"The best way out is always through". Robert Frost




~If The World Didn't Suck, We Would All Fall Off~
SallyC is offline   Reply With Quote
"Thanks for this!" says:
DizzyLizzy (06-11-2011)
Unread 06-11-2011, 02:54 PM   #3
Kitty
Super Moderator
 
Kitty's Avatar
 
Join Date: Jan 2008
Posts: 19,308
Default

I'm glad you contacted a lawyer because as I was reading I kept thinking "she needs to contact a lawyer". Sounds like they broke most all of the privacy laws. I hope you can get your co-workers to back up the claim if you need them to.
__________________
Multiple Sclerosis (MS)




Kitty is offline   Reply With Quote
"Thanks for this!" says:
DizzyLizzy (06-11-2011), ewizabeth (06-11-2011), SallyC (06-11-2011)
Unread 06-11-2011, 03:54 PM   #4
Riverwild
Magnate
 
Riverwild's Avatar
 
Join Date: May 2007
Location: Heah!
Posts: 2,897
My Mood:
Default

I would be so angry I would be spitting! Heck, I'm angry now for you and I don't even work there!

I would also keep my mouth shut, gather as much information as I could and not give them any reason to fire me or pull any other moves to get me out of there. I'd be taping everything and never go into a meeting one on one with the boss unless I had a witness or a tape recorder with me.

They've broken the law and you absolutely have a lawsuit should you choose to proceed with it. The customers you spoke with can be called as witnesses as to what they were told, the people you work with can be called as witnesses, etc.
__________________
I know the sound the river makes, by dawn, by night, by day. But can it stay me through tomorrows that find me far away?

I have this mental picture in my mind of you all, shaking bones and bells and charms, muttering prayers and voodoo curses, dancing around in a circle of salt, with leetle glasses and tiny bottles of cheer in the middle...myyyyyy friends!

diagnosed 09/03/2004
scheduled to start Tysabri 03/05
Tysabri withdrawn from market 02/28/05
Copaxone 05/05-12/06
Tysabri returned to market 06/05/06
Found a new neuro 04/07
Tysabri 05/25/07-present
Medical Marijuana legally 12/03/09
Negative for JC virus antibodies!
I'm doing alright and making good grades,
The future's so bright, I gotta wear shades!
Riverwild is offline   Reply With Quote
"Thanks for this!" says:
DizzyLizzy (06-11-2011), ewizabeth (06-11-2011), SallyC (06-11-2011)
Unread 06-11-2011, 04:21 PM   #5
DizzyLizzy
Member
 
DizzyLizzy's Avatar
 
Join Date: Dec 2008
Location: Minnesota
Posts: 219
My Mood:
Default

yes, I have several co-workers that will back me up. I just cannot believe that he think he can get away with this!
__________________


Amy



DO WHAT makes you happy, Be with WHO makes you smile, Laugh as much as you breathe & LOVE as LONG as you LIVE




July 2006- First significant SXs, suspect it started back in mid 1990's
1/21/09 - Positive MS Dx
2/17/09 - 2nd Positive MS Dx
4/2/09 - MS Dx 3rd Neuro - finally found the Dr. who has the characteristics I was looking for
10/8/09-optic neuritis flair, Cog Fog, chronic headaches
5/4/09 - 12/15/09 Copaxone
1/15/2010 - First Tysabri Infusion
DizzyLizzy is offline   Reply With Quote
Unread 06-11-2011, 04:33 PM   #6
DizzyLizzy
Member
 
DizzyLizzy's Avatar
 
Join Date: Dec 2008
Location: Minnesota
Posts: 219
My Mood:
Default

Quote:
Originally Posted by Riverwild View Post
I would be so angry I would be spitting! Heck, I'm angry now for you and I don't even work there!

I would also keep my mouth shut, gather as much information as I could and not give them any reason to fire me or pull any other moves to get me out of there. I'd be taping everything and never go into a meeting one on one with the boss unless I had a witness or a tape recorder with me.

They've broken the law and you absolutely have a lawsuit should you choose to proceed with it. The customers you spoke with can be called as witnesses as to what they were told, the people you work with can be called as witnesses, etc.
I am just going to continue to do my job as I normally do. You know, a tape recorder is probably just what I should get. As I am sure we all would agree....memory isn't a strong suit for many or most ms'rs.

The boss I had from 10/10 - 4/27/11 told me to never be in a meeting with him without a witness. She thinks he is crazy. He aparently told her to fire both me and another gal last October....her first 'terminations' at the company. Since she didn't really know us well, she did some investigating on my sales activities. She went back to the boss and told him he was 'out of his mind, and didn't he realize that Amy's numbers were helping to keep the doors open!' She said she flat out refused to do it...plus there was only good things in my personnel file, nothing negative. I have a feeling that there is many more levels to his deceite. I'm planning to be very accomodating, just like I have always been and just let him keep sticking his foot in his mouth. I emailed the lawyer this morning to give him an update on the happenings on Friday, and to let him know about the two customers that I know about, who were told. I have a pretty good idea that I will be discovering more.
__________________


Amy



DO WHAT makes you happy, Be with WHO makes you smile, Laugh as much as you breathe & LOVE as LONG as you LIVE




July 2006- First significant SXs, suspect it started back in mid 1990's
1/21/09 - Positive MS Dx
2/17/09 - 2nd Positive MS Dx
4/2/09 - MS Dx 3rd Neuro - finally found the Dr. who has the characteristics I was looking for
10/8/09-optic neuritis flair, Cog Fog, chronic headaches
5/4/09 - 12/15/09 Copaxone
1/15/2010 - First Tysabri Infusion
DizzyLizzy is offline   Reply With Quote
"Thanks for this!" says:
ewizabeth (06-11-2011), Twinkletoes (06-12-2011)
Unread 06-11-2011, 04:44 PM   #7
Erin524
Grand Magnate
 
Erin524's Avatar
 
Join Date: Dec 2007
Posts: 4,768
My Mood:
Default

your boss sounds like a schmuck.

I've only taken one ethics class in my life (a medical ethics class) and from you said about everything he's done, he wouldnt know what the meanings of the words "ethics" and "ethical behavior" is.

Maybe you'll get lucky and he'll suddenly be replaced on monday morning with the world's best boss and you'll get a huge raise and an apology from the schmucky boss. (well, it could happen, couldnt it?)
__________________


~ Never do anything that you wouldn't want to explain to the paramedics. ~ Author Unknown ~

~ "Animals have two functions in society. To taste good and to fit well." ~ Greg Proops, actor ~
Erin524 is offline   Reply With Quote
"Thanks for this!" says:
DizzyLizzy (06-11-2011)
Unread 06-11-2011, 04:48 PM   #8
Kitty
Super Moderator
 
Kitty's Avatar
 
Join Date: Jan 2008
Posts: 19,308
Default

Quote:
Originally Posted by Riverwild View Post
I would also keep my mouth shut, gather as much information as I could and not give them any reason to fire me or pull any other moves to get me out of there.

Good advice! No matter how much you trust your co-workers don't confide anything to them. They might mean no harm but they could innocently mention something and make the boss suspicious.

I don't trust too many people anymore. I hate to be so suspicious of everyone but I've been burned too many times to take that chance again.
__________________
Multiple Sclerosis (MS)




Kitty is offline   Reply With Quote
"Thanks for this!" says:
DizzyLizzy (06-11-2011), SallyC (06-11-2011)
Unread 06-11-2011, 04:50 PM   #9
DizzyLizzy
Member
 
DizzyLizzy's Avatar
 
Join Date: Dec 2008
Location: Minnesota
Posts: 219
My Mood:
Default

Quote:
Originally Posted by Erin524 View Post
your boss sounds like a schmuck.

I've only taken one ethics class in my life (a medical ethics class) and from you said about everything he's done, he wouldnt know what the meanings of the words "ethics" and "ethical behavior" is.

Maybe you'll get lucky and he'll suddenly be replaced on monday morning with the world's best boss and you'll get a huge raise and an apology from the schmucky boss. (well, it could happen, couldnt it?)
No chance of him being replaced.....he is the owner of the company!
__________________


Amy



DO WHAT makes you happy, Be with WHO makes you smile, Laugh as much as you breathe & LOVE as LONG as you LIVE




July 2006- First significant SXs, suspect it started back in mid 1990's
1/21/09 - Positive MS Dx
2/17/09 - 2nd Positive MS Dx
4/2/09 - MS Dx 3rd Neuro - finally found the Dr. who has the characteristics I was looking for
10/8/09-optic neuritis flair, Cog Fog, chronic headaches
5/4/09 - 12/15/09 Copaxone
1/15/2010 - First Tysabri Infusion
DizzyLizzy is offline   Reply With Quote
"Thanks for this!" says:
SallyC (06-11-2011)
Unread 06-11-2011, 09:59 PM   #10
ewizabeth
Elder
 
ewizabeth's Avatar
 
Join Date: Sep 2006
Location: With my family :)
Posts: 5,085
My Mood:
Default

Take notes about everything and take them with you. Don't leave copies at work. I hope this all works out in your favor.
__________________
Wiz

Turn Left at the next election.

RRMS DX 01/28/03 Started Copaxone again on 12/09/09

http://www.youtube.com/watch?v=7-XTmOWvKEE
Video presentation of Rocky & Daisy
ewizabeth is offline   Reply With Quote
"Thanks for this!" says:
DizzyLizzy (06-11-2011), SallyC (06-11-2011)
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Looking to Share Information & Support catluvr123 New Member Introductions 11 05-07-2008 08:45 AM
Basu: Let patients decide who sees personal information BobbyB ALS News & Research 0 10-24-2007 07:34 AM
offering medical information to employer ashsky Epilepsy 4 10-26-2006 01:51 PM
Anyone have any personal news to share? ponyboy Spinal Disorders & Back Pain 14 09-03-2006 05:58 PM


All times are GMT -5. The time now is 02:48 AM.
Brought to you by the fine folks who publish mental health and psychology information at Psych Central • Mental Health Forums

The material on this site is for informational purposes only, and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider. Always consult your doctor before trying anything you read here.


Powered by vBulletin • Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.


All posts copyright their original authors • Community Guidelines • Terms of Use • Privacy Policy
NeuroTalk Archives