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RE: Police Blotter: Fired worker blames porn on malware
The decision did not turn on whether the hospital was "Right" in it's determination of the employee's misconduct. Indiana is an "at will" state - an employer can terminate an employee for any or no reason so long as it does not do so for a constitutionally protected reason. The hospital could have fired him for watching "I love Lucy" re-runs on his lunch break (but probably not for watching the 700 Club). The employee's HIPAA argument was a real stretch. HIPAA does not create any private right of action - that is very clear in the statutues. Now, if he had argued that he was fired for reporting that the hospital was in violation of HIPAA, he may have had an action; but that was not his argument. Realistically, this guy is lucky the court did not sanction him and his attorney for filing a frivolous lawsuit.
Posted by: chuck@...   Posted on: 10/03/07 You are currently: a Guest | Members login | Terms of Use

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Please list the case number  srobtjones@... | 10/03/07
Case Info  jamie@... | 10/03/07
Sounds to me like this guy got screwed...  BitTwiddler | 10/03/07
agreed (nt)  Badgered | 10/03/07
He could have been set up  Zolar | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  mejohnsn | 10/03/07
Smells like Republican judicial appointee  Chad_z | 10/03/07
Message has been deleted.  mflemming@... | 10/03/07
sure does...  andyILM | 10/03/07
Boo Hoo, someone said something nasty about those poor widdle Wepublicans!  mreilly19 | 10/03/07
Maybe politicians shouldn't be hypocrites.  HypnoToad72 | 10/04/07
RE: Police Blotter: Fired worker blames porn on malware  bmfische | 10/03/07
This is at will employment  gtvr | 10/03/07
True enough  voska | 10/03/07
They can fire you for no reason, sure, but they gave one  laura.b | 10/03/07
I agree - defamation occurred.  jlafitte | 10/05/07
You are not only  RS9 | 10/03/07
Judge failed contract law.  deleweye | 10/03/07
What contract is that...  RS9 | 10/03/07
Illiterate...  deleweye | 10/04/07
Fired worker  HandsomeandCutie | 10/03/07
it's also defamation  jlafitte | 10/05/07
It sounds like they fired him with no proof whatsoever. They did not even  DonnieBoy | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  chuck@... | 10/03/07
IANAL but...  slopoke | 10/03/07
You still have to be careful  voska | 10/03/07
Geez, get off the technical drift...  RS9 | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  nwoodson@... | 10/03/07
You made a great point  laura.b | 10/03/07
not sexist, just technologically illiterate (nt)  conspicuouschick | 10/03/07
Use tinyurl.com  Linux User 147560 | 10/03/07
It appears that his  RS9 | 10/03/07
It's very possible that malware...  bjbrock | 10/03/07
Lost Productivity?  panzrwagn | 10/03/07
Was his using the Web for nonbusiness reasons proven?  jlafitte | 10/05/07
The funny thing about at will employment  Shelendrea | 10/03/07
You read it wrong  Dunkleosteus | 10/03/07
Man, I would be so pissed  laura.b | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  pookiecrickett2@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  pgf_666@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  jbjayrace@... | 10/03/07
It's not just plausible, it's likely!  psyclone56 | 10/03/07
And another thing...  psyclone56 | 10/03/07
Why?  Linux User 147560 | 10/03/07
why? for greater chances of success  psyclone56 | 10/04/07
Agreed -- it happened at the bank  Phoenix666 | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  trumpet2@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  calvinsman-one@... | 10/03/07
Desire To Fire  usad | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  Riphly_z | 10/04/07
You wonder how many.  mike@... | 10/04/07
Law and technology don't work for the user  Boot_Agnostic | 10/05/07
RE: Police Blotter: Fired worker blames porn on malware  surfingdi | 10/05/07
The courts needs some computer education  www.cybertopcops.com | 11/08/07
Federal judges sit for life  texan3202@... | 11/08/07

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