What to do if my pre-employment medical tests are not being made available to me?

I received pre-employment testing and bloodwork at a medical center and now they are not giving me copies of the results. They say they sent the originals to the employer. The CA medical boards states they have a responsibility by law to give me a copy of my records and they are supposed to retain my medical records for at least a year. Do I have a case? I am a nurse and I also feel like the employer hasn’t given me shifts because of the complaint. I could be wrong about that.

Asked on September 9, 2011 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should file a complaint with the California Medical Board and cite to HIPAA violations in additional to other causes of action for failing to give you the results of your medical tests. Further, if your employer is not giving you shifts and you can definitely attribute that to your complaint about obtaining your medical test results, then you should consider filing a complaint with your state's Department of Labor and the Equal Employment Opportunity Commission about any possible discrimination. Your employer cannot fire you in retaliation but keep in mind that California is an at-will state and you could be fired with or without notice and with or without cause.


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