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Employment Law/non compliance with policies and procedures

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Question
Must an employer follow their own policies and procedures with regards to terminations?   Summary Plan Descriptions?  

Is the  following statement a corporate policy, Federal, or State law?

'The company is not permitted however, to use any protected health information it obtains from the plan to make any employment related decisions"

If the employer violates the statement above, what agency would enforce it?   what recourse does an employee have?

Thank you

Answer
Susan - It is a violation of federal and, often, state law to use private medical information to terminate an employee who can otherwise perform the functions of the job.  If you have reason to believe that your employer violated this rule, contact the federal Department of Labor for advice.

Most personnel handbooks contain language stating that the contents do not amount to a contract between employer and employee, which is there to keep the employer from having to follow it's own procedures when it decides to change or amend them.

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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