Wrongful termination for violating HIPAA - Help!?
My husband was fired for violating HIPAA. He signed the paperwork saying that he did in fact violate HIPAA and that he complied with the termination. Can he still pursue a wrongful termination? He was written up for saying something rude to a client. He told me word for word - "I was written up today." Of course I asked why. He said, "For being a smart *** to a client." His boss came by our house and asked to speak to Brandon but he wasn't home at the time. She said that she really needed to speak with him because he has been written up. I asked why. She said, "For being belligerent to a client." I said, "Yeah I heard about that." She asked for him to call her and that was all. She fired him because I said, "Yeah I heard about that." Is it seriously a violation of HIPAA to tell your wife about being written up at work?? Names or details were never mentioned. What was said was exactly what I typed. Thank you in advance for serious answers!
In the state of California, if I am asked to sign separation papers to terminate my employment and they are not offering any severance whatsoever, then what benefit is there for me to sign it?
None. Don’t sign in.I have worked in HR for 25+ years including Fortune 100 companies like Amazon.Here is what you should do instead. Tell them: “I will need to review this with my attorney.” Do an initial phone consult (usually free) with an HR attorney and they will advise you not to sign in until they have read it. Then get back to your employer with: “My attorney has advised me not to sign it.” If they ask for the name of your attorney to have the corporate attorney talk to your attorney, politely decline (since you are the one who has to pay the attorney bills on your side, while their legal resources are technically free).If they feel legally exposed, they will then offer you a financial incentive to sign it. That is when you will want to get your attorney involved. If not, that will be the end of it (unless you have a case against them and you are not restricted in pursuing, since you haven’t signed the release). Either way, you are better off than simply signing separation papers for free.P.S. If they say “it is required” or something like that, politely decline. No employer has a right to force an employee to sign separation papers unless it was part of the initial employment contract at the outset (and this would not be permissible in most states).P.P.S. I am not an attorney. You may want to consult and attorney regardless. But you can do the above for free before starting the attorney’s meter running.
Are agreements made on normal papers (not stamp paper) valid? All the parties involved in the agreement have duly signed it. Can they be used as evidence or proof in a court house?
In India the law that governs contracts (agreements) is called Indian Contract Act, 1872. As far as this Act is concerned it no where provides that an agreement for it to validly recognised in law must be executed on a stamp paper. Thus as a general rule no agreement is required to be executed on a stamp paper for it to be recognised in law.Now let us talk about another law called Indian Stamp Act, 1899. This act makes it mandatory for certain types of instruments (includes agreements) to be stamped as per the Act. So simply speaking, whether a particular agreement is required by the Indian Stamp Act, 1899 to be stamped depends on the type and contents of the agreement.Now the most important question: Why should you listen to the Stamp Act? What if an agreement is required to be stamped and is not stamped by the parties?Section 35 of the Act talks about Instruments not duly stamped inadmissible in evidence, etc. and states that where an agreement is required to be stamped by this Act and is not duly or sufficiently stamped, it would not be received in evidence by the court of law despite the fact that it otherwise may be in accordance with law.Thus an unstamped agreement is no agreement in the eyes of the law. That is how dire the consequences are of not stamping an agreement that is required to be stamped.
I asked a question about child support?
some people misunderstood of what state i live in. I live in Texas, and in this state it is not required by state law to have D.N.A test prior to recieving child support.My question was are you for or aginst this law? And why? I myself am not in the child support system in any way...I am just asking our fellow texans what they think of this law being passed....
Can an employer terminate services of an employee with a backdated termination letter without any reason?
OP is conflating two unrelated issues. Yes, if you are an at-will employee you can be terminated from your job for no reason.As to the date on the letter, termination notice is effective on the date transmitted to an employee and not the date on the letter. Depending on how recent or far back the date is, there can be many reasons for the discrepancy, most of which would not be legally significant. But it may make a difference if done for some illegal intention to create a false record. In that case I suggest you talk to an employment lawyer. I would also communicate in writing to the employer (could be a simple email) confirming the date on which you received notice. If it was my mail, retain the envelope with postmark.
Could you sue for emotional damages due to a stressful mishandling of your termination of employment?
In most cases, you may not be successful using your employer for damages due to emotional distress caused by mishandling your termination. In the UK, no specific law per se legally obligates employers to be kind, restrained or respectful while they proceed with terminating your employment, any more than you are compelled to do if you choose to quit your job. Usually, both employers and employees act professionally and part on amicable terms.Furthermore, if you have suffered compensable damages while being removed from your job, you need to separate the emotional distress factor that comes from the fact that you’ve lost your job. This would help you avoid undergoing a psychiatric evaluation and asking your therapist or psychiatrist to testify the same effect, in front of an employment tribunal.However, if your employer mishandles your employment termination and, in the process, commits intentionally abusive or malicious behaviour, the tribunal may consider accepting your case for emotional damages. Also, if your firing relates to a statutory prohibition on harassment such as racial or gender discrimination, you can claim the behaviour in the tribunal.Overall, if there is evident medical damage that you can prove, you may proceed with your claim for intentional or negligent infliction of emotional distress. In any case, you should discuss the case with an experienced solicitor, preferably no win no fee employment solicitors. This would help you avoid any unwanted financial hassles due to losing your case.
In an absconding case of an employee, what legal actions can an HR person take from the employer point of view in India?
DISCLAIMER: ABSCONDING IS NOT TO BE DONE AND THIS POST IN NO WAY IS HELPING YOU TO TAKE ACTIONS ACCORDINGLY. PLEASE TREAT THIS ONLY AS SOURCE OF INFORMATION AND I AM NOT LIABLE FOR ANY ACTIONS TAKEN HEREWITH.HR cannot sue you or file a court case until and unless you have stolen some information/data or intellectual property which is not to be shared in public domain (remember you signed a contract/bond)Actions can be taken as below:Step 1- HR will try to reach out to you on your phone no.s (cell, landline, family members phone no., any emergency contacts you have shared during joining). This follow up can be done for various durations- days to weeks (normally not more than 2 weeks). Along with this various emails will be sent to you on your personal mail ID. HR will also talk to your friends in office, colleagues etc. (investigation!), you will become a center of gossip in office for few days :PStep 2- In case HR is unable to catch hold of you through any of the above, you will be declared as absconding in company records and your employment will be terminated with immediate effect.Step 3- You will not be provided with any relieving letter/mail, your salary from the date of absconding (depending on where it falls in pay cycle) will not be processed, no full & final settlement will be provided. All your access will be cancelled (including removal of access on your laptop from company server, VPN etc., in case you have taken the laptop with you).Step 4- In case company is using tools like SAP etc, they can share the same information with other companies and you can be blacklisted in market. HR's do share information across industry specially in MNC's. Next company can easily find out your past actions accordingly until and unless you are getting into your own business of course!P.S.- ABSCONDING is highly UNETHICAL and should be avoided, as it causes a lot of pain to the HR team and company who have invested and trusted in you.