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NO WAY!! Your medical history is yours, not theirs. They can't require you to go to a Dr, and also require you to release your medical information. that why the military has their own Drs and people on staff to do that to the enlisted. Private workplace does not have the authority to demand that as part of your continued employment. Even the Police dept only recommends after a shooting, and then, the psychologist can only give an all clear, or didn't participate in sessions. HIPPA laws?? ever heard of them?
The absolutely can require you. They have every right to fire you if you don't do something like this.
This is no different than requiring a drug test before employment, or requiring an alcoholic to go to therapy or lose their job.
What about HIPPA? Doesn't this psychologist have to maintain doctor/patient confidentiality if the patient doesn't authorize providing the information? I would let them make the appointment and the first thing you cover is maintaining your confidentiality and maybe it ends there. Some employers require you to pass a physical to be hired; this may not be any different.
Interesting thought, HIPPA protects a patients rights, but would this fall under that law?
Interesting thought, HIPPA protects a patients rights, but would this fall under that law?
Not if the employee gave consent. The legality of this is all under whether consent was given. If no consent is given, the employee should either be assessed in other ways or be fired. Both of which are reasonable. Chances are that if it got this far, being fired is the more reasonable option.
Sounds like the value the employee, but we aren't getting the whole story. For someone to be recommended to seeing someone it would take ALOT. Maybe a knife collection in the office? Strange off color comments? Paranoid?
If the reason for telling you to go is work related, yes, they can force you to go. If you refuse, they can terminate you. You really need to contact a labor atty in your state to see if the employer's requirement is reasonable based on circumstances that we do not know.
Last edited by joe from dayton; 07-18-2012 at 12:36 PM..
NO WAY!! Your medical history is yours, not theirs. They can't require you to go to a Dr, and also require you to release your medical information.
IF, this is a EAP or similar recognized program or issue, the Medical Professionals DO NOT release medical information, they prepare a report that outlines their assesment as it related to job peformace and issues a recomendation (basically a thumbs up or thumbs down) as to if the employee is capable of continuing doing the job with proper support network and assistance to overcome the issue.
For those of you who do not know of or understand employee assistance programs, you may want to look into it for your understanding and if your company has one, know what it is as it can be a lifesaver to a person who otherwise may be out on their own.
The absolutely can require you. They have every right to fire you if you don't do something like this.
This is no different than requiring a drug test before employment, or requiring an alcoholic to go to therapy or lose their job.
Medical Examinations
Once an employee is on the job, an employer's right to conduct a medical examination is usually limited to so-called "fitness for duty" situations. If an employee exhibits objective indications that he or she is physically or mentally unfit to perform the essential functions of the job (for example, by claiming an injury that makes working impossible), an employer may request that the employee's fitness for the job be evaluated by a medical examiner.
Although the medical examiner can take a full history of the employee and conduct necessary tests to evaluate the employee's fitness, the employer is not generally entitled to all of this information -- only to the examiner's conclusions about whether the employee can work.
Psychological Screening
Some employers use pencil-and-paper (or keyboard-and-screen) psychological tests to attempt to predict whether an employee will steal, fight, or engage in other negative conduct in the workplace. There are two problems with such tests. First, whether these tests actually predict an employee's future conduct is heavily disputed. Second, many of the test questions are highly personal and invade the employee's privacy. If you are asked to take one of these tests, you might have a good argument that there is no legitimate business reason for the test and that the test unreasonably invades your privacy.
So, does, "hnsq" stand for, Has No Serious Quality?
I mean, you don't even make sense. Drug testing/alcohol, and relate that to a psychological evaluation.! come on, if you are going to spew your opinion, at least let people know you don't have a clue about what you are talking about.
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