Havelock, NC asked in Employment Law for North Carolina

Q: Is it a hipaa violation for my employer to post my excused doctors note for everyone to see?

Related Topics:
1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
Answered
  • Cary, NC
  • Licensed in North Carolina

A: HIPAA applies to certain "covered" entities. Covered entities typically operate in the medical field or support other entities that operate in the medical field. But unless an employer is a covered entity, HIPAA doesn't apply. Also, when a covered entity violates HIPAA, it doesn't really give the affected employee the right to sue the employer. But the employer might face some pretty hefty government fines and other consequences.

Even if HIPAA doesn't apply, certain actions by an employer could violate other privacy-related laws. If you believe your employer has violated your privacy rights, you should speak with a knowledgeable attorney who can help you evaluate your options.

Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.