Follow
Share

He had no business reading private information. I hired a HHA through a consumer driven program. She interviewed at my home, toured the home and saw all situations that needed addressed. She came to work the first day arguing with her drunk husband at the curb. She spoke of his issues and the controlling situation. She worked that day and everything was fine. The next day she sent a text and said she would be here soon , I texted some work instructions. 7min later she texts "my husband read your text and says I can't work for you anymore". Then goes on saying sorry for the inconvenience. Then when I tell her it is a privacy violation for her husband to read our work related text. She tries to change to about 5 different stories. I have all the texts from beginning to end. I have another full time aid for 2 years that has no complaints with the work situation. Should I report her to the agency for this privacy lapse? I am frustrated by my waste of time and stress because of this new aide and the difficulty of hiring process to find a new one.

This question has been closed for answers. Ask a New Question.
I read the answer to myself and CM. Here is my problem. You have absolutely no proof he is a woman beater except what you "heard". As an employer, you should not be on a public board discussing something that personal about an employee. Obviously someone else is paying for the care, the agency, which then brings co-employment issues into play. As a result, you are opening yourself and the co-employer up to a defamation and harassment lawsuit. Do not call the man a woman beater unless you have seen it with your own eyes. Also, as an employer you really need to research employee confidentiality which you are violating.

If you are really that scared, try to get a restraining order against them. What your doing now is wrong ethically and violates basic HR law.
Helpful Answer (1)
Report

I'm not sure what you want from the people on this forum, you asked us our opinions on whether you should report the breach to the agency and yet later admit you contacted them first thing Monday morning and appropriate actions are being taken. We can all commiserate with being let down by an aide you were counting on, very few people who use home care haven't been left in the lurch due to any number of reasons. IMO continuing to seek vengeance upon a troubled woman with a low paying job isn't going to get you anything but bitter satisfaction, and pushing the "drunken, abusive husband" into a corner isn't likely to make him forget you and go away but rather is apt to focus his anger in your direction. You stood up, you reported - good for you - and now it is time to move on.
Helpful Answer (2)
Report

I understand it is difficult if an aide does not show BUT the majority of states are "at-will". Just as you can fire someone, they can quit for any reason and do not have to give a reason. You had no problem with the violations until she quit her job. Then you threatened to turn her in which you did...now it is considered retailitory and she can make a DOL complaint.
Helpful Answer (1)
Report
Dleecious1 Sep 24, 2018
No dear I objected to the violation the minute it happened. I have all my duckies in a row this all happened Saturday and Sunday I informed the supervisor of the drunk husband and the reading and discussing of the text immediately Mon morning multiple HIPPA violations ate to be filed . I don't get that no one seems to care that I now have a woman beating drunk that is mad at Me because they violated a contract
I live alone and my safety is comprised. If this situation was flipped and an HHA had come to my house and I had a drunk boy friend tell her not to come to work and threatened her not to file any charges people would be having a fit. Luckily the supervising ageny has a specialist who has reviewed and spoken with my and will file on multiple violations later this week
(0)
Report
I get my services through a consumer driven program. The agency processes her time sheets. That is all. All employee contracts,instruction ,interviews,hiring and firing are my responsibility. I text my aide every day what we will be doing that day. There are specific details of personal privacy and phone privacy. There are also rules I must follow as well. We both sign the contract. We both sign the time sheets every day. I am the first line of communication and all communication between us is supposed to be private and not discussed with others .
Helpful Answer (0)
Report

I agree, he should not be reading her phone but it seems he is a controlling person. Did he not know she is working. I see where ur upset. I do feel the agency that pays her be told what happened. People rely on aides so they can work. Not fair they call on such short notice.
Helpful Answer (2)
Report
Dleecious1 Sep 24, 2018
Oh Jo thank the Lord you are someone who understands.
(0)
Report
Okay, if you don't want to let it go, then what do you want to achieve? And who are you making your complaint against? The HHA for allowing - if allowing is the word - her cellphone to fall into her coercive drunk husband's hands, or her husband for picking up his wife's cellphone? Or the agency who has this vulnerable but also dodgy contractor on their books?

You were initially angry because this woman let you down at short notice.
In the course of her letting you down she revealed that the instructions you had given her concerning your mother's care had been read by her husband.
You then, annoyed at the inconvenience, brought up the privacy violation.
To which she, no doubt alarmed, responded with nonsensical alternative excuses, further annoying you.
You say she has become aggressive, and later comment that you - I couldn't agree more - do not need to pick up an alcoholic stalker, but do you mean her or her husband? Or are they well-matched?

The thing is, what you have here is an escalation and what you want is to stop it. So, how do you see this unfortunate episode ending, and what outcomes are you aiming for?
Helpful Answer (4)
Report
Dleecious1 Sep 24, 2018
I obviously can't explain on a way that any one under stands nthis all happened Saturday either him insisting she leave early and who she had told me was violent her first day would not have had an opportunity to speak with her until Sunday . I found out about her husband and him telling her to quit in the same sentence. My true fear was because he had read the text violated my privacy and knew where I lived and was upset with me
Within seconds of of reading that text I responded that that was a violation of the Privacy agreement she signed later after I had a panic attack I did inform her that she had left me in a tough spot so no my aggravation and her not showing up was not did not override my fear of her violent husband. I am lucky that the supervising agency has a specialist in these matters who is understanding and supporting of the feeling of fear and danger for my safety involved and will assist me in filing complaints was HIPAA later this week. I must say I do not understand why people think that I am being vindictive because I have been put in danger by her bringing her lifestyle to my home I was unaware of her living situation when I hired her although she was more than willing to divulge all on Saturday so I don't understand why you guys think that I am filing and retaliation when I got in touch with the agency on the first business day which was Monday today
(0)
Report
Are you paying out of pocket for services or is a third paying? Is it through an agency or fiduciary set up by case manager? Depending on which, you could be violating DOL laws.
Helpful Answer (0)
Report
JoAnn29 Sep 24, 2018
The only way she is violating the DOL laws is if her aide doesn't want to work more than 40 hrs a week and is being threatened if she doesn't she will be fired. If you are not in a Union, the labor agency doesn't help much. I had this with an employer wanting me to come in on weekends to help with someone elses job. I called the Labor agency and was told nothing I could do but quit my job.
(0)
Report
See 1 more reply
I think people are incredibly naive if they believe people in healthcare - in fact any service workers - don't talk to their significant others about their day and share information that could be a breach of confidence.
Helpful Answer (4)
Report
Dleecious1 Sep 24, 2018
It is clearly stated in hippa laws . I have had jobs that have rules about privacy and non disclosure. They are laws punishable by fines being barred from working in that profession even jail time for severe violations. I have a right to and value my privacy. She admitted discussing private information. People are naive if they think the won't get caught doing all kinds of things. When they do they get in trouble that is the consequences . This affects my mental well being because her alcoholic woman beating boyfriend knows where I live and is now unhappy with me even before I file the violations. She knew her situation. She should not have brought it into my life
(0)
Report
The agency processes her contract and datasheets + issues her pay check. There is a case manager. Scheduling,hiring and firing are my responsibility. I spoke to the case manager this morning there were multiple Hippa violations . I fled 750 miles to get away from an abusive alcoholic in 2007. I am now exposed to an abusive alcoholic who believes he has an axe to grind with me because I am threatening him with a hippa complaint. My point I am not to blame for this situation . This aide was VERY unique professional. I sympathize with her situation. But she has now exposed me to a situation that puts me in fear, I left my whole life to get out of my situation so I would not have to be in constant flight or fight mode. She also left me in a lurch. I don't receive 7 day a week care on a whim consumers know you have to fight for every minute and every day of service you receive. The aides we hire we depend on. I went through multiple conversations with this person over just that . For her to quit in 7 minutes then become aggressive to me because she said I was trying to harm her by pointing out her contractual violations is a psychological ploy. I am angry I was left without the care I needed as well. If she works for another vulnerable person will the same situation occur? No good HHA would put their clients in this situation. As I said I have another aide who is wonderful and has no complaints in 2 years of working 7 days a week. I was trying to give her a well deserved break,not pick up an alcoholic stalker. I guess I don't understand the people who think I should let this go even if it has been confirmed as multiple violations.
Helpful Answer (0)
Report

Your narrative is a little confusing - you ask if you should report this HHA to "the agency" for her privacy lapse, then go on to explain that you don't go through an agency. So to whom are you planning to report her?

Look. I do understand the frustration, and I do understand how infuriating it is to feel you've rejected perfectly good candidates in favour of one who has proved hopeless.

But I wouldn't be so pessimistic that your shortlisted candidates won't still be interested if you were to approach them sensitively (try flattery), for one thing; and for another, what more punishment do you want to mete out to a woman who is apparently good at her skilled job but prevented from performing it by her nightmare husband?

Perhaps the best thing, if you can be sure of contacting her privately (I'd suggest a phone call, first confirming that she is free to talk), would be to counsel her a) to GET HELP and b) not to undertake commitments until her personal circumstances allow her to.

I mean, crikey, what if this man had forced his way into your home once your back was turned? There are bigger concerns at stake.
Helpful Answer (3)
Report

I am on the consumer driven side communications do not go through the agency we were communicating through messenger. No matter phone technicality privacy of communication was disscued at hiring and 1st day of work. I get some of you are saying . I went through an abusive marriage with an alcoholic. I am not completely unsympathetic I worked two full-time jobs. But really if you know that is your situation why take a caregiver job . We count on our aids . It was stressed that there are multiple applicants. Are you sure I can depend on you? The prior applicants have either gotten employment or don't want to work for you after you passed them over the first time. You sign a contract we are both held to it. Really I'm not supposed to be upset over 7 min notice of quitting ? Grooming ,dressing, and assistance getting out of bed are a small part of her daily duty.
Helpful Answer (0)
Report

Since you do not know whose name is on the cell phone plan and who pays the bills, you are over reaching on that issue since there is a good chance he is on the plan. Most agencies do not allow workers to give cell phone numbers to clients for a variety of reasons.

That being said, you do have a HIPPA violation which is her husband should not have been at the home. That is a privacy violation because the client address is confidential information.
Helpful Answer (1)
Report
Dleecious1 Sep 24, 2018
No I am not overreaching. It is in the contract that ALL communication even on your personal phone are under privacy rules. This worker was made aware before and when she signed contract.
(0)
Report
Her husband driving her to your house is a breach of confidentiality also.

If the HHA won't be working for you anymore I would imagine the agency would be the first to know. But if they are not aware, my suggestion is to just cut bait and move on. If you choose to use the agency again you can tell them at that time so you don't get another unprofessional aide.

All communications should go through an agency. If the HHA was running late she should call the agency to tell them and then the agency can call you to let you know. Only in very specific situations should communication be directly between the aide and the client's family, such as if an aide has worked for you for a period of time and there is trust established over time. And only then the private communication should be brief. And even that's a slippery slope.
Helpful Answer (0)
Report

I’m sure you were frustrated in the moment. Yes, I would contact the agency, to share your concern that their employee may be in a bad situation and was forced to quit by her potentially abusive/drunk husband. Reading her texts is a symptom of abuse and trying to control. I feel badly for her, and I hope she wasn't fired from the agency over her refusal to work that day.

Many of the CNAs I meet at Moms NH are in similar vulnerable situations at home. When I complained to the Director about short staffing, he shared with me that abusive situations at home is the 2nd leading cause of staff turnover. (Calling in for lack of childcare is the #1 cause for dismissal) Sad because many of these women are excellent caregivers if given the chance. So if I were to call the agency, I wouldn’t zero in of the phone privacy issue as much as her husbands refusal to let her work. I hope you find another caregiver that has more stability.
Helpful Answer (0)
Report

Uhm, were you communicating using an agency provided phone that was for business purposes only or were you texting her private number? In the agency we used all communication went through the office; we were not privy to our caregiver's private phone number, did not know their address and were only given their first names - this was to protect their workers from being harassed at home and to ensure all communication was professional and above board.
Helpful Answer (0)
Report
Dleecious1 Sep 24, 2018
It is a consumer driven program . The employee is not provided by the agency only paid through the agency . The line of communication is between myself "client" and the employee. There are no "work phones" provided . The contract states that all forms of communication between us is private. The only agency involvement is my calling and having her contract cancelled and removing her from payroll. There is a person at the agency that handles identifying validity and assistance with filling the complaints. I am a survivor of domestic abuse . I am no longer safe because of a person who has now compromised my safety and well being .
(0)
Report
If you feel you must report the breach in client confidentiality - really? Must you? Oh well... - then perhaps you could do it in a way that alerts the agency to the fact that one of their HHA's is in a highly vulnerable and alarming situation. God willing, they will help her address it.

And if the drunk husband was driving, tell the police.
Helpful Answer (1)
Report
Dleecious1 Sep 24, 2018
She is not an agency employee. She is my employee that I advertised for and interviewed. They provide the contract and process her time sheets. When I was in a similar abusive situation I would never have taken a job that put someone in danger from him. I live alone in a my own home .I am disabled and vulnerable. She is middle aged and not a young naive woman. If you are going to work in a profession as caretaker don't endanger them. I see many aides who rightly so tell situations of their safety being compromised by their clients family and friends. Why is it when the situation is reversed I'm supposed to let it go.
(0)
Report
This question has been closed for answers. Ask a New Question.

Ask a Question

Subscribe to
Our Newsletter