[pinoy_guy]

http://decisions.courts.state.ny.us/.../021330-06.pdf

AVALON GARDENS REHABILITATION AND HEALTH CARE CENTER, LLC, . . .

Plaintiffs,
-against -

ANNE ALMENDRALA, RENNAN CORTES, ROWENA LOZADA and FELIX VINLUAN,

Defendants.

FACTS

The defendants Anne Almendrala, Rennan Cortes, and Rowena Lozada (hereinafter the "Nurses") were granted immigrant visas to come to the United States from the Philippines to work as nurses. The Nurses entered into employment contracts for three years. The contracts stated that $25,000 in damages would be due if the contract were breached. Almendrala's contract is dated April 1, 2006. On November 29, 2006 Almendrala terminated her employment. Likewise, Cortes and Lozada terminated their employments prematurely. Plaintiffs assert causes of action for (1) breach of contract against the Nurses, and (2) tortious interference with contract against defendant Felix Vinluan (hereinafter Vinluan). Vinluan is an attorney in the State of New York. In the answer, defendant Vinluan asserts a counterclaim seeking recovery of damages against plaintiffs.

Accordingly, defendants' motion to dismiss complaint is denied; and plaintiffs cross-motion to dismiss counterclaim is granted.

[mo-mo]

jUST ADDING MY $0.02, HERE.

This isn't a case of neglect/ abandonment, etc, IMO. Even if the ENTIRE staff had walked out, save one manager (or nurse or housekeeper or CEO or CNA or whatever), those kids were in the hands of a competent adult with the ability to use a telephone.

Worst case scenario: Call 911 and tell them the kids aren't safe, getting adequate care, or anything that works. Or declare that your facility is in a state of emergeny to the media, and you'll get more beds offered up than you have patients. EMT's can ship 'em elsewhere until staffing issues are resolved. It's not like these kids were left in the basesment of an abandoned building or in the middle of a forest for goodness sake!

If those patients were in a harmful or neglectful situation, then that is the responsibility of the leaders of that facility. I truly believe that this case is all about 'sticking it to' those nurses for walking out.

I think its codependent Bull$%!# thrown in with a little God-complex that we'd allow ourselves to be manipulated to feel responsible for the lives of patients when our shifts end and our work is done.

Were the nurses unprofessional, unethical, WRONG, for doing what they did? Absolutely! Neglect, abuse, abandonment? Not unless the pt were their own kids.

momo

[dudenurse1962]

If the company was non-union, they were non-contract. It is the responsibility of owners/management to find the staff from a nursing pool. A union with a contract would set a date and try to negotiate so they don't have to strike. If you are angry at the nurses who finished their shift then it's missplaced. What do you want from them? The company is trying to get by for cheap. They have a strattegy for keeping unions out and it includes lawyers and media relations staff.

[Sheri257]

Originally Posted by mo-mo

Worst case scenario: Call 911 and tell them the kids aren't safe ...

I'm sorry but ... it's ok for bunch of the nurses to walk out because the manager can call 911?

That's absurd.

Originally Posted by dudenurse1962

If you are angry at the nurses who finished their shift then it's missplaced.

Only two of the ten nurses finished their shift. Most of them walked out BEFORE they were scheduled to start their shift.

[pinoy_guy]

http://www.gmanews.tv/story/41743/Ph...s-decry-abuses

Philippine News: Sentosa-hired nurses decry abuses

De la Cruz was brought to three-room staff house with 11 other nurses that he got to sleep on the floor on cold winter, with no proper heating.


He and other nurses would use corrugated boxes to cover the broken walls and the windows and shield them from the cold.

De La Cruz was assigned to take care of 100 dementia patients on a floor on an eight-hour shift in a health facility for sick seniors. Their pay of $24 per hour was lower than the $35 per hour being paid to nurses directly hired by the health facility.

De La Cruz, and 26 nurses resigned en masse from Sentosa Care Group after few months in the job.

Vinluan said the nurses had filed a discrimination complaint at the Department of Justice in Washington, DC and would claim multi-million damages.

The case was lodged against Sentosa Care group owner Bent Philipson, and the Filipino recruitment agency headed by Francis Luyun.

“But Sentosa has political connection. If you have somebody in power, you can get away with anything," said Vinluan.

“This is a case that not only touches on massive labor law violations, but anti-trafficking and involuntary servitude as well, “ said Rico Foz, vice president of the National Alliance for Filipino Concerns.

Harriet Avila, a former nurse at Sentosa-Avalon said the management had forced her to wear a nurse’s supervisor ID so she would not be able to join the union and get benefits.

“We do not seek to shatter the hopes and dreams of the thousands of nurses who seek to work abroad. We understand the conditions of poverty and joblessness in the Philippines leave us with no choice. We simply want to expose the truth and the deceit Sentosa is using to lure more of our compatriots into. We do not want others to have to suffer under these conditions," said Buagas.

[starthrower]

I support the walkout because I have seen the abuses these companies that recruit overseas heap upon their indentured servants. It is criminal and the corporation and it's executives are the real abandoners. They should be the ones facing the criminal justice system.

[mo-mo]

"I'm sorry but ... it's ok for bunch of the nurses to walk out because the manager can call 911?

That's absurd." (quote by Sheri 257)

Sheri, I NEVER said it was "ok". Actually I said I thought it was unethical, unprofessional, and WRONG. But I stand by my conviction that THEY DID NOT ENDANGER OR ""ABANDON" THOSE KIDS!!! If the kids lives were at risk, some one was around to do the right thing...whatever that be, to ensure the wellbeing of those patients.

Aloha!

BTW, lots of things are 'absurd' in our profession, IMO.

[pinoy_guy]

Ruling settles case filed by RP nurses

The United States Department of Justice has dismissed the case filed by 26 Filipino health professionals against Sentosa Care LLC of New York and Ben Philipson.


In a letter dated Aug. 31, 2007, Katherine Baldwin, special deputy counsel of the US DoJ Civil Rights Division, informed Elizabeth Hack, legal counsel of of Sentosa Care LLC, that the discrimination charges filed against Philipson, et al., alleging unfair immigration-related employment practices were investigated by the Office of Special Counsel and the office determined that there was insufficient evidence of reasonable cause to believe the injured parties were discriminated against.

[justmanda]

The others, according to prosecutors, never came in for the night shift. They reportedly were all under the guidance of an attorney, who was also arrested.

"They essentially all walked in and said, 'We quit, right now' on a Friday night," Lato said. "Even if they had quit on Friday morning, at least it would've given the nursing home some time to find replacements."

[/quote][/i]

Don't we as Americans have the free will NOT to show up for work? I understand it is unprofessional to do this, but is it a criminal matter? THese nurses were not indentured servants. I am admitting to being uneducated in the area of organized walk-outs...perhaps they are illegal. Is that why the attorney was arrested too?

[ruth26]

Just wondering howcome the other nurses who resigned in other institutions owned by Sentosa Care where not charged and these foreign nurses where charged?

And how do you call it abandoning if it was at the end of their shifts?

Employers should take care of their staffs so they will be inspired to work and deliver the safe and quality care. As long as a staff is treated accordingly, no matter how challenging the job is, I think less people will resign...