QUESTION
What can be done if my wife’s boss is asking for access to medical records for non-work related injury?
Asked on Jan 28th, 2013 on Labor and Employment - Florida
More details to this question:
My daughter’s birthday party was 1/20/13 my wife broke get ankle got transported by ambulance, we got to the hospital and they said she had to have surgery. She had surgery 1/24/13 doctor excuses from work until clears by doctor. My wife’s boss called 1/27/13 asking for us to give her consent to talk to doctor about injuries and her hospital stay, doctor has her on bed rest no work till 2/4/13 we don't want to allow her access but worried she might get fired for it, what can we do?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the wife is calling for the boss, and is working for the employer they are most probably entitled to the records.
Answered on Jan 30th, 2013 at 7:55 PM
Your employer could discharge her for not giving the employer access. I do not know if you would have any recourse, should she be fired.Having a doctors note does not preserve her job.The employer may still discharge her for the justified, required, and necessary absences. Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.
Answered on Jan 30th, 2013 at 7:10 PM
Bruce A. Coane
Right, she could get fired. If she wants to keep her job, it's a good idea to comply, in my opinion.
Answered on Jan 30th, 2013 at 6:53 PM