Why is the New York Office of Personnel Management (OPM) facing a class-action lawsuit for accessing the personnel files of approximately 5 million individuals? Is it illegal to access these personnel files for any purpose? There are a few points to consider here.
Does the Public Law Title 5, section 710 specifically state that a person can be held liable for wrongful disclosure of information? Does it state that the Attorney General can sue a contractor for access violations? Is it an offense to view the personnel files of any individual? Does the statute of limitations apply?
As far as I know, none of the above applies to the information that is provided by the government. There have been several lawsuits over the past few years which have been brought by individuals who were not even employees of the government. These lawsuits were brought by individuals who were hired by contractors who were conducting activities on behalf of the government.
The Federal Government as a whole has not been sued for its use of contractors. The OPMC law firm has been involved in the litigation and has been named in a number of lawsuits filed by individuals. In fact, I have not heard of a single instance where the individuals of the government have been sued.
It is important to understand the difference between the OPMC Defense Lawyers and other attorneys representing government employees. The OPMC attorney can represent both government employees and private employees. The Attorneys representing the government as employees can only represent private employees.
As I mentioned, there is a great amount of information that can be accessed by the employee of the government, which is very personal. The information can be used to deny a person’s civil rights and could result in legal ramifications down the road.
Private employees cannot bring a lawsuit against their employer, as their rights would not be protected under the Federal Fair Employment Practices Act. This law was designed to protect the rights of private employees. Some people claim that this Act only protects public employees.
The OPMC lawyers can find a lawsuit involving the personnel records of a private employer or state employee compensation. This means that a person who has an employment contract with a government contractor can sue that company for wrongful conduct. Any employee who has access to the personnel files of a private contractor can be held responsible for committing a violation of federal law.
An attorney like the law firm has the resources to carry out an investigation into any situation involving the access of confidential personnel files. If there is a possibility that a government employee was improperly fired or demoted, the law firm can sue for damages.
Private citizens who are not government employees cannot bring a lawsuit against their employer. No public employee, no matter how well they perform their duties, can bring a lawsuit against their employer.
The OPMC law firm is committed to finding cases where the government employee or contractor has been misused by another individual. The attorneys do not limit themselves to the agencies of the federal government, as the OPMC attorneys are well versed in the laws of both state and local governments. Individuals who use a contractor who has violated the rules of the states they work for can expect to be held accountable.
Please contact a New York OPMC defense lawyer for any of your federal government or employee-related matters. You will not be sorry you decided to take advantage of the services of a law firm that specializes in representing those who do not have the resources to get a suit through the system.
NYC OPMC Defense Attorneys
Functioning as a branch of the New York State Department of Health, OPMC or the Office of Professional Medical Conduct is tasks with investigating complaints related to medical care. The focus here is to look into complaints waged against physicians, physicians assistants, as well as, licensed and unlicensed residents in the medical field. Defense lawyers who specialize in this area are among the 184+K lawyers recognized by the American Bar Association in the state of New York.
We assist our clients in the OPMC area of specialty to not only provide representation but protecting the licensing of those in the medical field. Licenses do not simply equate the academic success of a physician or physician’s assistant. These also are symbols that allow these individuals to hold onto their roles and their salaries. This is why any case related to OPMC must be taken seriously, which is why we apply our experience to assist our clients in dealing with these challenges.
Defense lawyers, sometimes referred to as criminal defense lawyers perform a variety of intricate and complicated tasks as it results in casework. These are experts that may work on cases related to federal crimes or related to state crimes. They also participate in federal investigations when subpoenas and other legal techniques are necessary. The proficiency for these lawyers ranges the gambit and requires exceptional knowledge of the law.
Once a physician is contacted by OPMC and notified about an investigation of their practices, it is a good idea to hire a lawyer. Securing legal representation is important for every step of this process, from speaking with investigators or building a case, if necessary. Investigators have most often already spoken to the patient who has complained. They will want to reach out to the accused, but it is not recommended to do so without a lawyer. We understand these cases and can walk you through the process.
Here are some other important things to consider about OPMC cases:
Experience Matters
Just like finding a lawyer for any other type of legal trouble is important, it is just as important for cases of malpractice. Any physician in this situation should first of all look for someone who is experienced with these cases in New York. The Balance Careers points out that these defense lawyers need to have an array of skills and experience to properly represent clients.
We showcase our skills and experience in the areas of investigating the facts, interviewing witnesses, and researching case law. Each OPMC case is different as it relates to the patient, their condition, and the type of treatment they received. As defense attorneys, it is our responsibility to build a defense and to develop an effective case strategy, based upon the circumstances.
Confirm Malpractice Coverage
Those who work in certain roles in the medical field are familiar with having malpractice insurance. It is very important that a client confirms what their coverage is so that they can get the legal protection that they need. This can be done usually by contacting your malpractice representative to verify what the coverage is and its details.
These policies are designed to accommodate the representation of physicians and other medical professionals against claims. Policies of this type are also referred to as medical professional liability insurance that can be used when a patient alleges negligent acts that cause some sort of injury. Many who have not had to use this before are not sure what is covered.
We encourage our clients to familiarize themselves with this, as soon as, possible. If it turns out that these cases are not closed after the OPMC investigation, there will be a need for defense procedures. Once we are contacted by the prosecuting attorney about the findings, pending allegations, and disciplinary actions, another level of work begins.
Surrender of licenses, suspension of licenses, and even probation can lead to lucrative losses, which is why we prepare to represent our clients in advance of investigation findings. Our goal is to help our clients get back to their normal lives by getting favorable results for them in these cases. We know that these are daunting situations, but will work for you and your professional life.