I work in a pharmacy, recently my manager asked me to make calls letting patients know their prescriptions are ready at the register. I expressed my feelings that this seemed to be a violation of hippa law/regulations he said since it is just names he doesnt feel that way.after some discussion he said i can go around the corner when customers are there. then he wrote me up for insubordination event though i did as i was asked. When I asked I was told I have to do as the manager asked even if i feel it is wrong, and his license is at risk not mine. Is this correct? I dont feel I deserve the write up. it can lead to my dismissal and I have been with this company for 18 years with no actions until the last 3 months
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
I applaud your good character and conscientiousness in protecting patient privacy and wish that more pharmacy personnel did the same.
Generally, an employer has the right to assign any work to employees that the employer wants the employees to perform. However, in most states, public policy prohibits an employer from disciplining an employee for protesting an assignment that violates the law. In states that recognize this kind of public policy, any retaliation is technically unlawful, but at present, the only harm is the unjustified write-up; any remedy at law would be overkill.
In your situation, the employer gave you an alternative method to complete the task (going around the corner, which I assume would have made the call private). And there may have been other ways to accomplish the task, such as calling and letting the customer know his or her "item" was ready for pick-up; that could be an over-the-counter product not subject to HIPAA's privacy requirements.
If you have been with this same employer for 18 years and only the past three months have been problematic, it sounds as if something changed. Is this a new manager? Does the pharmacy have new work rules, a new owner, or what? Discipline doesn't happen for no reason, although the reason may be a bad one. My guess is that there is tension between you and this manager, and that your disapproval of him showed in your voice or attitude. After 18 years, surely you know your job and can recognize good or bad management, so even without intending to do so, you may be communicating disrespect to your manager. Perhaps he is not deserving of respect, but if so, don't expect him or your employer to agree with your opinion.
Consider a strategic solution rather than a legal one. If you have not (yet) been fired, try hard to prevent that; convincing an employer to reverse an action already taken is difficult.
Understand the boss may be afraid of consequences such as angry customers who felt they had to wait too long for their meds. Or maybe the employer feels there is something wrong with your work but never told you.
Consider tackling this directly, professionally and respectfully. Ask to speak with your boss privately. Ask if you’ve done something indicating you are a poor worker or if the employer thinks you were responsible for something bad that happened. Maybe something was misinterpreted, though probably not. But if so, you can explain your side. More likely you will never know what is really going on. However, a mature conversation may change the way the employer treats you and may cause a change in the decision.
Whatever you do, don't challenge your boss’ or employer’s authority. Indicate you want to continue your working relationship, value your job and your boss’ guidance. Explain you care about doing a good job. Mention your good and lengthy work record. Explain you would never intentionally do anything against the company's or your boss' interest. And apologize if what you said or the way you said it came across as disrespectful.
Do not blame anyone else even if you believe someone deserves it; this cannot help you. Only talk about yourself, that you want to do a good job and you regret the situation. Ask what you can do to improve things for the future. Don't give anyone a reason to get angry. Don't say why you think he or she is doing this or did this; let your boss have a graceful way out.
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