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Columbia, SC asked in Employment Law and Health Care Law for South Carolina

Q: Fired for HIPAA violation involving mother, can I sue for wrongful termination?

I was fired for a HIPAA violation with my mother's patient chart, as she was also my patient. The office manager claimed access to her chart was outside of work-related duties. Company policy prohibits accessing family or friends' charts unless work-related. I wasn't informed of any violation until my suspension and provided no evidence from the EPIC system. I've never been warned nor know of similar previous incidents involving others. Can I sue for wrongful termination?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Being fired over a HIPAA violation—especially involving your own mother—can feel unfair, especially if you believed your actions were part of your duties. Many employers have strict policies about accessing patient charts, even for family members, and they often rely on the appearance of a potential violation rather than full context. If your employer claims the access wasn’t work-related and you didn't receive proper notice or a chance to explain, it’s understandable that you feel blindsided.

In most states, employment is at-will, meaning your employer can terminate you for almost any reason unless it violates a specific law or contractual protection. Wrongful termination usually applies when someone is fired for reasons like discrimination, retaliation, or violating a written employment agreement. If you were following work-related duties and others weren’t disciplined for similar actions, you *might* argue unequal treatment—but you’d need proof. Lack of prior warnings and the employer’s failure to show system evidence may support your claim that the termination was mishandled, but not necessarily that it was illegal.

To move forward, gather as much documentation as you can—your job description, chart access logs (if available), internal policies, and anything related to your mother's care. Even if a wrongful termination lawsuit isn’t possible, you might still have grounds to file a grievance, request a hearing, or pursue administrative remedies. You deserve to be treated with fairness, and asking questions about how this was handled isn’t just your right—it’s a way to protect your reputation and career.

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