Can your employer investigate dr notes

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Can your employer investigate dr notes

Calling doctors offices to see if you were in the office in days specified in nite from dr.

Asked on March 16, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

So long as your employer only inquired about the day(s) that you had an appointment and were at your doctor's office, then this action was legal. If your employer asked about what you were there for, then that would be a violation of HIPPA. The fact is that an "at will" employer can set the terms oand conditions of employment much as t sees fit (as long as it does not violate the terms of an employment/union contract or constitute legal discrimination).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, an employer may do this: an employer is not required to accept your note or explanation at face value. Furthermore, there is nothing confidential or privileged about answering in regards to the days you were there, so while the doctor does not have to answer, he is also not violating anything if he does.


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