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by Jessica82 Posted Wed February 3, 2010 @ 12:03 PM
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I don't understand the part about "employees have to fill their RX at Walgreens". What the heck does that mean? Maybe I'm reading it wrong or something. But it sounds like this in my mind "If you are a walgreens employee, you have to buy walgreens milk" Is there seriously a rule saying you have to buy their medication because you are an employee????
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that they found out about your condition via your medical usage, you'll have a heck of a time proving that it's the ACTUAL reason they fired you.
Trust me when I say if they let you go, whether it was truly over your status or not, they have an iron-clad alibi (shift coverage) to back them up. It will all come down to your word against theirs, so unless you are willing to go down in a likely vicious fight, you're better off to cut your losses. You don't need to waste your time and energy on such a worthless bunch anyway!
It sucks that companies can get away with that, but it's the loophole in our employment law. The same laws that are supposed to protect workers are the ones that the smart lawyers will always angle to get around.
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by Mnemosyne Posted Tue January 26, 2010 @ 2:33 PM
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Contact the EEOC and file a complaint if you believe your termination was unjust.
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:)
by disgusted'nPDX Wed January 27, 2010 @ 2:26 AM
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by Donno Posted Fri January 22, 2010 @ 10:00 AM
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1. It seems like a black and white question as to whether employees have to have scripts filled at Walgreens in order to be covered. You say it is company policy, so it must be and I'm confident it is legal.
2. Walgreen's is huge. You would think that if the insurance company can dictate that scripts be filled though Walgreens, there would be a strict privacy policy at work as to what prescriptions a person is taking.
3. The third issue is the circumstances under which you were terminated. If it was strictly due to absences, covering shifts, etc I think Walgreens may be on solid ground. Your description of how you were fired doesn't hint that you feel knowledge of the HIV and firing are related, other than your illness caused the absences.
Who asked about the HIV? Who brought it up? If this was a conversation in which you mentioned to a coworker the problems you were having coping with your scripts for HIV and the manager is giving you a hard time about being out, and the coworker was like "Wow, how did you get it?" that is one thing. If someone looked at your file, figured out you are on a script for HIV, and then asked you how you contracted it, that is a completely different matter.
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by jeishere Posted Thu January 21, 2010 @ 5:36 PM
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I'm curious about the statement: "employees have to fill their RX at Walgreens"
I work for a large grocery chain with pharmacies. Our prescription drug plan only covers prescriptions through our pharmacies or an affiliated mail order program. I think the OP might be saying that for the meds to be covered under a prescription plan, it must be thru walgreens. The OP is free to pay full price anywhere else. Sounds like a good way for a pharmacy company to control some health care cost.
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And
by Donno Fri January 22, 2010 @ 9:30 AM
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Then..
by jeishere Mon January 25, 2010 @ 8:53 AM
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If I was in your situation... I would have gone to a local pharmacy to fill my 'scripts. It's none of their business on what meds you have to take. There is a bit of confidentialty at pharmacies. I do not agree w/ discrimination w/ how many times it has been called... but I do believe it has happened in your case. Yes - you have an illness that sometimes requires you to miss work - & I do agree w/ earlier posts about a docs excuse. I do not agree w/ the "you can only fill 'scripts here' bit. I would hate having to fill my peri-menopause meds at my work... i'm only 36. They would be all "up in my business". (trying to talk young....)
I believe you do have a case w/ personal confidentiallity (sp)
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by Irving Patrick Freleigh Posted Thu January 21, 2010 @ 3:23 PM
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I don't know who would best be able to handle this--a local labor board, or a lawyer of some type--but this is screaming "HIPAA violation" to me.
I kinda thought HIPAA was put in place to prevent situations like this--somebody getting ahold of your sensitive medical information and then using it against you.
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by PepperElf Posted Thu January 21, 2010 @ 1:36 PM
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By ordering you to ONLY purchase your meds at walgreens it sets up a situation where they are privy to your medical history through your medication, thus circumventing HIPAA
Then by grilling you over how you contracted HIV further violates your rights to medical privacy.
It honestly sounds like they are setting up a situation where they are using confidential medical history information against a worker.
You really should contact the labor board.
Even if this is an "at will" job, I don't see where they have a right to question you over how you contacted HIV.
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AT&T
by Ginger2.0 Thu January 21, 2010 @ 1:10 PM
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I would be on the phone with an attorney. That practice of making you fill the scripts there and then using that info against you seems to break a number of privacy laws.
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by mrsdkm Posted Thu January 21, 2010 @ 7:17 AM
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I am not sure about this, but you may be able to be rehired. Is HIV considered a long term illness where you may have recourse under the Americans With Disabilities Act.
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by disgusted'nPDX Posted Thu January 21, 2010 @ 12:15 AM
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thank you for the positive feed back.
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by disgusted'nPDX Posted Fri January 22, 2010 @ 4:45 AM
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I really want to let everyone know how much I appreciate your feed back. This has been a very overwhelming week for me. I have been blessed to find a clinic here in Portland that spealizes in treating people who are positive! So I won't be missing any medication or medical service that I do need. I have also gotten intouch with an awesome casemanager who is helping me to cope with basic living needs and emotional support. I've applied for unemployment still pending. And I had to drop this quarter from school...no funds. I'm updating my resume...and preparing to pound the pavement. And yes, I have gone to the labor board and had a meeting with a civil rights advocate and now I'm working on the paperwork. Then I will sit down with a friend of mine who is going to sort out the past 8 months. Well, it's extremely late...I'm tired beyond tired. Just wanted to say thank you! Lisa
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