|is it worth the effort to sue for wrongful termination?
Jan 13, 2004
My last employeer fired me after i completed my probabtionary period.
Facts: I completed the probationary period and was told i was converted to permanent employment.
I entered the hospital to have some ulcer treatment and asked for a medical leave of absence since i was not allowed to take sick time or vacation time in the first year. At the hospital i was given my first HIV+ diagnosis and told i was AIDS case (cd4 of 16 probably due to anemia and bleeding ulcer)
I returned to work and three weeks later was fired. In the year since, I have been given 6 different reasons why i was fired.
I work and live in Florida. A right to work state and was management for a local municipality.
I know for a fact that my employeer and the human relations department request and recieved my medical records from the hospital 1 week before my termination.
The 3 HR employees were offered early retirement and a package that equaled 20 yrs service for a confidentiality agreement even though the average age of work term was only 7 years.
Should i move on and forget about it or should i pursue the probe even further. I really only want to have medical coverage for the rest of my life. Not money or publicity. I feel that i was singled out due to my status and never knew it was possible for my employeer to get medical records since they paid my policy. IS that even legal in other states?
Response from Ms. Breuer
Can you prove beyond a shadow of a doubt that they obtained your medical records without your permission one week before your termination?
Probably not. You don't know whether a nurse blabbed to a friend at your former employer's. You were a very new employee. Suing for wrongful termination would cost you thousands of dollars, years (yes, years) of time, and would be unlikely to lead to a satisfying outcome. I think your question contains your answer. Gather up your skills and your self-confidence, focus on what you can bring to an employer, and move on. Bitterness shortens life, and lawsuits create reservoirs of bitterness. Consider yourself lucky that you no longer work for people who treat other people that way.
Returning to work after AIDS diagnosis
New Employer and Insurance - HIV Positive
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