Made the scapegoat, what do I do?

[kgn38]

I work for a court deversion program. I help people who are on drugs stay out of jail. One day a client died from a drug overdose. When I went into work that morning, I found out about his death from my boss. As I was making up the daily sign up sheet, I excluded this person's name. My boss came to me and specifically instructed me to put this client's name on the list with "Deceased" next to it. He further instructed me to let other client's know that he died from an overdose as a deterant to the other clients not to use drugs. I followed these instructions and the wife of the client is now threatening to sue my company and me for violation of Hippa. (I took this to be public knowledge and didn't consider I was disclosing private information.) My boss completely denys telling me to to inform anyone of his death and has spared me of being fired by giving me 2 weeks off without pay. I was following his specific instructions! He basically is making me at fault so he won't get sued. This is a small community and now if I want to take a similar job with another company, my reputation is spoiled. What can I do? I am stuck working for someone who I can no longer trust, I cannot afford to quit and be out of work, and my reputation is tarnished. I cannot accept this punishment as it would seem like an admission of guilt yet if I stand up to my boss, I'm sure he'll fire me. Is there any legal action I can take? I have no witnesses to the discussion I had with my boss however I did mention this situation to other people long before I knew there was going to be a law suit or that I did anything wrong.
Thank You.

 

[Beth3]

I followed these instructions and the wife of the client is now threatening to sue my company and me for violation of Hippa. Then the client's wife does not understand HIPAA. Informing others that that a client died of a drug overdose does not violate any medical confidentiality laws.

Unfortunately, your boss hanging you out to dry doesn't violate any laws either. My advise is to get through the suspension, return to work, and when the dust dies down (and it will), then start looking for a new job if you still wish to make a change.

 

[kgn38]

Thank you for your reply. I later found out that my boss put a letter in my personal file saying that this was "an ongoing problem" with me discussing confidential information which I had been counseled on in the past and because of this, they sent me to a confidentially course. This is completely false! I've NEVER been reprimanded for a confidentiality breech. I've NEVER been counceled. I did take a Hipaa course when the laws changed a few years ago but that was because no one in the office knew anything about it. This was done at MY request as I was handling the insurance claims, not because I was being "counseled". I asked my boss when I had ever breached confidentiality and he couldn't come up a single example, yet he put this in my file. Isn't this defamation? My job and any job I am qualified for requires confidentiallity which I take very seriously. How can I get another job with this on my record? Also, he has told people in the court system which I work that he suspended me over this false accusation! Incidentally, I also found out that my boss was fired from his last job for this sort of unethical behavior. Do I have a basis for a slander suit here? With him spreading this around town, I'll never get job. Thanks for listening.

 

[calalily]

Did you sign anything for your boss ie: the letter? It is my understanding that when a supervisor counsels an emploee, they should be given a copy of the letter and the employee has the right to agree or disagree and they can state they disagree on the counseling form. Maybe you can go file a complaint with HR against him but you have to work for him and this may cause a backlash against you. If you do, do this in writing and keep a copy for your file. Is there an employee handbook? If there is see what the procedures are for the "counseling" of an employee and what can be put in your employee files or asl HR. You always have the right to seek legal counsel but you must have proof of what your alleging to make a case. I think trying your HR department first would be your best bet, which is following a chain of command or protocol. Good luck

 

[kgn38]

Thanks for the advice. I should have mentioned that my boss is the owner of the company. I'm the only full time employee. There is no HR, I did not sign anything that is in my personal file. I do have proof of his lies (including instances where HE broke client confidentiality) and I also have evidence of several unethical practices that I have turned a blind eye too. I guess I am going to have to seek legal counsel. I interact with the court system every day and he's already informed my associates of this (false) situation. I want the record set straight and my get reputation back and there is no way I can work for someone I cannot trust.