QUESTION

Terminated over HIPPA Violation

Asked on Jan 02nd, 2015 on Wrongful Termination - North Carolina
More details to this question:
I was fired from a mental health agency because I was told that I violated HIPPA regulations. I faxed a document relating to a patient's self administration of meds. I was not given a fax number, so I used the rolodex at the agency to look up the fax number to the family care home. The family care home had 3 fax numbers as they have three houses. I was told by the care home and a supervisor that this must be faxed by the end of the business day. I called the care home where the patient lives and the person who answered said he was new and did not know the fax number. I called another number from the rolodex at the same care home where a woman told me that the other house was having issues with their fax machines. I spoke with my supervisor who told me to go ahead and fax it to all three houses. I was then fired for a HIPPA violation. I was not given a termination letter or shown the section of HIPPA that I violated. Is this termination legal? Should I seek counsel?
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
North Carolina is an employment-at-will state and you can be fired for good reason, bad reason or no reason at all.  It does not matter whether you actually violated HIPAA because the employer could fire you even if you did not.  The only time you can sue an employer is if the terminated is motivated by unlawful discrimination or unlawful retaliation.  Keep in mind that very few forms of discrimination are unlawful and very few reasons for retaliation are unlawful.
Answered on Jan 04th, 2015 at 8:16 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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