Protecting Medical Information Rights

Summary

If HR shares your medical information without your consent, they may have violated your privacy rights under the ADA and HIPAA. You have 300 days to file a complaint with the EEOC for an ADA violation and 3 years to file with the NYSDHR. Consider seeking legal advice for potential action.

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Can you tell me if this is a good legal letter to send to HR in nys
To provide you with better feedback on your letter, could you please specify the main points or content included in your letter to HR? This will help in determining if any additional legal considerations need to be addressed.
Dear HR Team, I am writing to formally address several issues related to my paid family leave request, subsequent suspensions, and their impact on my mental health and financial stability. On December *, *, I requested paid family leave after being quarantined at home with my children following a positive COVID-* test. Despite trying to work from home, the pain I experienced made it impossible to continue, especially since my role requires active engagement through the OTP system. In April *, I was suspended. At the time, my work schedule showed that my leave had been certified, leading me to believe it was approved. I was unaware it had been denied until my suspension was communicated to me. Upon returning from my one week suspension, I reached out to HR for clarification, as neither my union representative nor others at Verizon were able to guide me on the proper channels for my leave application. It took over a week for HR to respond, which indicates that even HR was unclear on the process. How was I supposed to know what to do in that situation? In December, I submitted everything to Sedgwick, as I had done for all previous leave requests. I later learned that Sedgwick was not responsible for paying me. Instead, Verizon, as a large employer, was obligated to protect my job without retaliation and provide up to 14 days of sick leave. Before receiving a response from HR about my COVID leave questions, I was suspended again this time for taking approved FMLA leave. Although this suspension was eventually overturned when Verizon realized the error, it had already further exacerbated my mental distress, caused financial strain, and led to significant hardships, including the loss of my apartment. No one apologized; it was treated as if it didn't matter. During this period, I was unable to respond to the first suspension due to the severe decline in my mental health caused by financial stress and hardship resulting from workplace discrimination. I knew I needed to prioritize my mental health to save my life. In response to the overwhelming stress and my deteriorating health, I contacted the accommodations team to request time off for mental health treatment, which had worsened due to the ongoing discrimination I faced while trying to access necessary and federally protected leave. After consulting with the Employee Assistance Program and my psychiatrist, I was advised to seek hospital care. Despite being told by Rose from the WPA accommodations team to use my remaining disability time instead of pursuing accommodations, because "accommodations aren’t approved if disability time is available" I complied and took the necessary time off for treatment. Upon my return, I attempted to ease back into work with half-day accommodations, but was suspended again for taking time off that had not been officially approved. I believe this situation stems from the mishandling of my previous leave requests, which were legitimate, and I should not have been punished for it. Which had caused me significant emotional and financial distress. During this time, I also lost my grandfather, who was like a father to me, on the same day I was discharged from the hospital. I couldn’t even be there for him in his final days because I was dealing with the fallout from discrimination at work. In the midst of picking up the pieces, I lost the one person who understood me, and less than two months after his passing, I was suspended again for trying to restore my mental health, which had been damaged due to discrimination. I did not share this detailed information with the union because of the personal nature of my health issues and my desire to maintain privacy. I work closely with my colleagues and am concerned about being judged based on the nature of my disabilities. Please keep this information confidential and do not share it with my supervisor or the union. I am seeking your assistance with the following: *. Removal of the COVID-related suspension from my record, as I was unable to work due to my illness and was unaware of the denial of my leave or the correct people to report it to. I can provide the paperwork I submitted to Sedgwick, including the mandatory order of isolation and the dates. *. A reevaluation of my current suspension, which I believe should be classified as a step * instead of a step * (or not classified at all), given the circumstances surrounding my workplace injury and subsequent leave. I have included copies of the correspondence I sent to the WPA accommodations team in May, detailing my experiences following my suspension and my request for leave to seek hospitalization. I appreciate your attention to this matter and hope for a resolution that acknowledges the challenges I have faced during this time. Thank you for your understanding.
Your letter is comprehensive and well-detailed. Here are a few suggestions to strengthen it:
- Be concise: While details are crucial, try to summarize some points to keep it more digestible.
- Specify Laws: Mention relevant laws, such as the Family and Medical Leave Act (FMLA) and any applicable state laws.
- Clear Requests: Explicitly state what actions you want HR to take.
Would you like to include specific legal references or need help summarizing some sections?
Yes help
Sure! Here are some suggestions to strengthen your letter:
- Be concise: Summarize key points to make your letter more digestible.
- Specify Laws: Mention relevant laws like the Family and Medical Leave Act (FMLA) and New York Paid Family Leave (NYPFL).
- Clear Requests: Explicitly state what actions you want HR to take.
Would you like me to help you summarize specific sections or provide legal references?
Rewrite the letter show me how it could be better
Here’s a revised and more concise version of your letter, including relevant legal references:
---
Dear HR Team,
I am writing to formally address issues related to my paid family leave request, subsequent suspensions, and their impact on my mental health and financial stability.
Timeline and Issues:
- On December *, *, I requested paid family leave after testing positive for COVID-* and was subsequently quarantined with my children. Due to severe pain, I was unable to work from home and was suspended in April *.
- My work schedule showed my leave as certified, leading me to believe it was approved. I was unaware of the denial until my suspension.
- Upon returning, I sought clarification from HR but received no guidance for over a week.
- I later learned that Sedgwick was not responsible for payment; Verizon was obligated to protect my job under the New York Paid Family Leave (NYPFL) and provide up to 14 days of sick leave.
- Before receiving an HR response, I was suspended again for taking approved FMLA leave. This suspension was overturned, but it caused significant mental and financial distress, including the loss of my apartment.
Mental Health and Accommodations:
-Due to the overwhelming stress and deteriorating mental health, I contacted the accommodations team for time off for mental health treatment. Despite being advised to use remaining disability time, I was suspended again upon my return for taking unapproved time off.
Requests:
*. Removal of COVID-Related Suspension: As I was unable to work due to illness and unaware of the leave denial, I request the removal of this suspension. I can provide necessary documents, including the mandatory isolation order.
*. Reevaluation of Current Suspension: Given the circumstances, I request this be classified as a step * or not classified at all.
I am seeking resolution acknowledging the challenges faced, guided by FMLA and NYPFL laws.
Thank you for your understanding.
---
Would you like me to include any other specific points?
My letter is too long? This revised letter doesn’t really touch upon the discrimination I faced, or financial hardships as well as doesn’t highlight how the discrimination caused me to lose time with a loved one nor does it mention not wanting the union or other colleges to not see my health records
To make sure your letter includes the points about discrimination, financial hardships, and privacy concerns, here's a revised version:
---
Dear HR Team,
I am writing to formally address issues related to my paid family leave request, subsequent suspensions, and their impact on my mental health and financial stability.
Timeline and Issues:
- On December *, *, I requested paid family leave after testing positive for COVID-* and was quarantined with my children. My role's physical demands made working from home impossible, leading to my suspension in April *.
- My leave appeared certified on my work schedule, leading me to believe it was approved. I was unaware of the denial until my suspension.
- Upon returning, I sought clarification from HR but received no guidance for over a week.
- I later learned that Sedgwick was not responsible for payment; Verizon, as a large employer, was obligated to protect my job under NYPFL and provide up to 14 days of sick leave.
- Before receiving an HR response, I was suspended again for taking approved FMLA leave. This suspension was overturned, but it caused significant mental and financial distress, including the loss of my apartment.
Discrimination and Mental HealthIssues:
- The mishandling of my leave requests, which were legitimate, resulted in undue discrimination. This exacerbated my mental health issues and financial hardships, causing me to lose my apartment and time with my grandfather during his final days.
- Due to overwhelming stress, I contacted the accommodations team for mental health treatment. Despite being advised to use remaining disability time, I was suspended again upon my return for taking unapproved time off.
Privacy Concerns:
- I have not shared this detailed information with the union due to the personal nature of my health issues and desire to maintain privacy. Please do not share this information with my supervisor or the union.
Requests:
*. Removal of COVID-Related Suspension: I was unable to work due to illness and was unaware of the leave denial. I request the removal of this suspension and can provide necessary documents, including the mandatory isolation order.
*. Reevaluation of Current Suspension: Given the circumstances, I request this be classified as a step * or not classified at all.
*. Acknowledgement of Discrimination: I seek a resolution acknowledging the discrimination I faced, guided by FMLA and NYPFL laws.
Thank you for your understanding.
---
Would you like to add any more specific
What should the subject of the letter be?
For the subject line, you want something clear and direct. How about:
"Request for Resolution: Workplace Discrimination and Leave Issues"
This captures the essence of your letter and will alert HR to the serious nature of your concerns.
If I have a union do you think it’s okay to reach out to HR on my own
It's generally okay to reach out to HR on your own, especially if the matter is urgent or personal, like in your case. However, involving your union can provide additional support and ensure your rights are fully protected. Do you want to discuss potential union involvement further?
I don’t want to involve the union as it’s personal health information
You have strong grounds to reach out to HR directly given the personal nature of your health information. Here’s a subject line for your letter:
Subject: Request for Resolution: Workplace Discrimination and Leave Issues
Would you like further assistance in refining any part of your letter or addressing any additional concerns?
If you take approved FMLA leave and a job suspends you for it then months later realize it was illegal and give you back pay can you still sue for damages?
Yes, you can still sue for damages even if your employer has provided back pay after realizing their suspension was illegal. Here are some points to consider:
- Emotional Distress: You may claim damages for emotional distress caused by the illegal suspension.
- Financial Hardships: Beyond back pay, you could seek compensation for additional financial losses incurred.
- Punitive Damages: In some cases, punitive damages may be awarded to punish the employer's wrongful actions.
Would you like more information on how to proceed with a lawsuit?
Yes
If you decide to pursue a lawsuit, here are some steps to consider:
- Consult an Attorney: Seek legal advice to evaluate the strength of your case.
- Gather Evidence: Collect all relevant documents, emails, medical records, and proof of financial loss.
- File a Complaint: Your attorney can help you file a complaint with the appropriate court or agency.
Would you like assistance in finding a legal professional or more details on filing a complaint?
Do I need to file and EEOC complaint and get a right to sue letter first?
Yes, you typically need to file a complaint with the EEOC and obtain a "Right to Sue" letter before you can file a lawsuit for workplace discrimination. This process ensures that the EEOC has the opportunity to investigate your claims first.
Would you like details on how to file an EEOC complaint?
How long do I have to file the complaint in NYS?
In New York State, you generally have:
- 300 days from the date of the discriminatory act to file a complaint with the EEOC.
- 3 years to file a complaint with the New York State Division of Human Rights (NYSDHR).
Would you like more details on the filing process?
Yes
In New York State, here's how you can file a complaint with the EEOC and NYSDHR:
Filing with the EEOC:
*. Submit Online: Use the EEOC Public Portal at www.eeoc.gov.
*. In Person: Visit the nearest EEOC office.
*. Mail: Send a letter detailing your complaint.
Filing with the NYSDHR:
*. Online: File a complaint at www.dhr.ny.gov.
*. In Person/Mail: Visit or mail to a regional office.

Equal Employment Opportunity Commission New York District Office


Phone: (*) *-*
Address: * Whitehall Street, 5th Floor, New York, NY *
Website: www.eeoc.gov

Would you like help drafting your complaint?
In nys what happens if I ask HR to keep medical information about my disability private and not share with my union and they still do it?
In New York State, if HR shares your medical information without your consent, they may have violated your privacy rights under the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA). Potential steps include:
- Filing a complaint with the EEOC for an ADA violation.
- Seeking advice from a lawyer for potential legal action.
Would you like more detailed information on filing a complaint or finding legal assistance?
How long do I have to file the complaint
In New York State, you have:
- 300 days to file a complaint with the EEOC for an ADA violation.
- 3 years to file a complaint with the New York State Division of Human Rights (NYSDHR).
Would you like more detailed information on the filing process?