Does an employer have a legal right to request mental health records from a doctor or therapist.?
Asked by daisy_purple_colorado
I have been required to sign a warning notice about not following work instructions, I did not sign this form and showed my manager the work that I have been saving that I am following instructions, now I have been placed on partial paid and unpaid leave for approx.one month, the department in which I work is an hostile environment, can anything legally be done to me by employer.

Best Answer:
it depends on where you are and if you are under contract, if you are in the US and don't have a contract that prevents you from being terminated then; in most states you can be terminated if your work performance is not what it should be and of course for insubordination or for no reason(in that case you could be elgible for unemployment). a warning and suspension sounds as if there are some serious issues. have they requested your medical records? if so what was the reason? did they ask for records or just a physician’s statement (release) showing that you are able to perform the duties without restrictions? are they attempting to understand a possible problem you are having? has this been an issue in the past? if they have not asked about mental records why the concern? in any case you could refuse and file a complaint with the EEOC if you feel there has been a violation of protections of ADA. http://www.eeoc.gov there are medical records that can be requested by employers if there is a concern about safety or if the essential duties of the job would require the knowledge. there also are special programs for training of those with a disability and minimum wage considerations that for the employer to receive they must be able to prove the employee has a disability that is covered by ADA which may require them seeing some records or statements from a physician. for more information about your rights and protections contact the EEOC or your states human rights commission. it is HIPAA not HIPPA and you definitely don't get rich from an error in following the policies involved with HIPAA. your medical records are protected and cannot be released without your consent (in most cases) but there are legitimate reasons for an employer to request certain medical statements or releases so contact the EEOC for help if you need it.

First off he can't get those records unless you sign a form to give them the right to give him a copy and of course you won't do that. But as far as your work, if they get checks against you for not doing your work right then they can fire you.
Answered by MarJoe

Absolutely not!!! If your employer gets your records without your consent, you could sue the Dr, cause you are protected under the HIPPA law. Don't worry about it. If they brake the law, you'll get rich.
Answered by sillygirl

It is time to start dusting off your resume. It appears that you dont like it there much and the feeling seems to be mutual. Why not try to find a better and less hostile place to work. Since you have some paid time off, this would be ideal.
Answered by lisa s