Employment Law/EAP trap

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Question
Hello,

I wanted to share my horror story with a EAP. First, he told me if I did not sign his "Release of Medical Information" that I would be terminated. I signed. Got terminated and he exonerates himself by saying "I signed the release". I had just been diagnosed with breast cancer ten months prior to this.

SelfFunded Employers have found a a loophole by using the EAP. HIPPA does not apply to employers. Wellness programs are there to collect information on employees for use against them when desired. My question is two-fold is have any of my rights been violated and do i have legal recourse?

Thank you,

Glenys

Answer
The EAP or Employee Assistence Program does not have the power to fire anyone. You should have refused to sign the release of medical information. You cannot be terminated for refusing to sign this it would have been a hippa violation. Since you did sign the release I do not know what can now be done.

I would say you could call and talk to the Tennessee Department of labor and say that you signed the release under duress. I would talk to the EEOC division and file a complaint that you were discriminated against because of your medical disability and fired because of this discrimination and see if you can get help under the ADA rules.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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