I am currently employed as a Caregiver for a Senior Care agency. I do not know who breach confidentiality within the Senior care agency, my personal information was told to my client, who ask me very personal and confidential questions that only the Agency could of told him. I did speak to the human resource director, and she claim she would find out who has breach, she had plan to ask the question during a staff meeting and that was 3 weeks ago. It also states in the handbook that Caregivers are not do discuss their personal business with the client and the client should not discuss their personal business with the caregiver. Also I am giving notice of resignation, I will not work with the client I am with at this time for very personal reason(he knows to much of my personal and confidential life.) I also would like to know if anything can be done legally about the breach. I also realize I may not be the first that this was done to perhaps the first that learned of this breach through my client.
Before you resign, you need to speak with an attorney. Use the "find a lawyer" tab here on Avvo to find someone local. If there is a valid cause of action, and you resign, you may be cutting off your damages.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Attorney Paes is absolutely correct. If you quit, no unemployment insurance, and you get another job, then very small back pay award. If they have revealed anything about you medically they are facing huge fines besides your invasion of privacy. You have an expectation of privacy with things in your personnel file on a need to know basis. But as Attorney Paes says, try to work this out and stay while you talk with an attorney.
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good Luck. You are in a very tough field of work.
I am licensed to practice law only in Pennsylvania and New Jersey. Therefore, my knowledge is based primarily on law in those two states and general and Federal legal concepts. My answering your question is offered only as a free courtesy to provide you with general non-specific information. It is intended to help you find a local attorney licensed in your state. This answer does NOT create a client-attorney relationship nor create any expectation of confidentiality or privacy concerning your public post. My answer is based only on the limited facts/information that you have presented in your post. For any lawyer to give you full and reliable advice, would require at the least, full one-on-one dialogue(s) with questions and answers being exchanged. Before taking any action or deciding to take no action, I recommend that you consult with a local attorney(s) of your choosing; either private or with a non-profit organization that helps individuals without the means for hiring a private attorney. Good luck in your search to find a legal solution to your situation.
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