Can your employer investigate dr notes
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can your employer investigate dr notes
Calling doctors offices to see if you were in the office in days specified in nite from dr.
Asked on March 16, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
So long as your employer only inquired about the day(s) that you had an appointment and were at your doctor's office, then this action was legal. If your employer asked about what you were there for, then that would be a violation of HIPPA. The fact is that an "at will" employer can set the terms oand conditions of employment much as t sees fit (as long as it does not violate the terms of an employment/union contract or constitute legal discrimination).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, an employer may do this: an employer is not required to accept your note or explanation at face value. Furthermore, there is nothing confidential or privileged about answering in regards to the days you were there, so while the doctor does not have to answer, he is also not violating anything if he does.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.