Legal Question in Employment Law in Nevada
I was terminated yesterday by my employer claiming my medical note did not match the one in the medical office's system. I called the office earlier in the day requesting that my original notes dates be extended because I was not able to perform my duties. the lady on the phone said
okay and she'd fax me the new one which is the one I gave to my employer but the document in the medical office stayed the original and my employer would not believe me and terminated immediately. Can I get unemployment? Can I file a lawsuit for my termination? Is the medical office even allowed to fax my documents to an employer?(I thought that was against hippa policy) or am I just SOL?
1 Answer from Attorneys
Assuming you have worked long enough in the recent past that you are otherwise eligible for unemployment benefits, you have a good chance of being able to collect benefits. Your employer, if your employer even challenges your benefits, will likely claim that you have engaged in misconduct. See NRS 612.385. Nonetheless, you should apply online, in person, or by telephone immediately. Soon thereafter, you will get a call from an investigator (referred to as an adjudicator). If the investigator feels that you are not entitled to benefits, you will receive a letter informing you of the same by mail. Once you receive this letter, you only have a very short period of time to file an appeal. Read and study the letter to ascertain the last day in which you can file an appeal so that you do not waive any of your rights. Immediately after receiving a letter informing you that you've been denied benefits, you should consult with an attorney. Also, you should consult with an attorney prior to filing your appeal notice. For more information, please see http://johnpeterlee.com/Unemployment-land-denied.html.
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