[leslymill]

No available replacement?????

Ever heard of a telephone.

Ever heard of 911?

Ever heard the word.... EVACUATE...lol.

I have been in a hurricaine and a nurse for 22 years.
This is a money-labor issue and this health care provider abused foreign visitors and is trying to punish them with American Nursing Board Regulations Because the HCP got punched in the groin for lying to them and entrappping them. This is not the first case of foreign laborors feeling trapped and scammed.
These regulations in New York are probably concidered law if they follow the ANA Code of Ethics like most do.
Sounds to me like this case may go all the way to the Supreme Court because all the nurses where denied constitutional rights under the provisions of the nurse practice act. This HCP is running a sweat shop to line his own pockets and turns and accuses the nurses of a conspiracy walk out????
It is a shame they will probably be fined 25,000 each with no recourse.
But that would have easily covered the EVACUATION COSTS...
If they are given jail time. I will get sick and start singing and
liberty and justice for NONE.
I don't think I would want my loved in a facility that did that to their employees.

[pinoy_guy]

POEA clears Sentosa of illegal recruitment raps

The Philippine Overseas Employment Administration (POEA) has “dismissed for utter lack of merit” charges of illegal recruitment, misrepresentation, and contract substitution filed against Sentosa Recruitment Agency by 26 Filipino health professionals.

“In this instant case however no regulation on overseas employment was violated by the respondents in the recruitment and deployment of the complainants to its principal in the United States. Wherefore, premises considered, these cases are hereby dismissed for utter lack of merit.”

[teeituptom]

after facing their charges send them for deportation also

[pinoy_guy]

POEA clears recruitment agency sued by nurses

By: Mayen Jaymalin, Philippine Star: 9/12/2007

[POEA chief Rosalinda] Baldoz said the complainants can still appeal the decision but Sentosa said the ruling only proved that the Filipina nurses were ill-advised and misled by some unscrupulous persons who took advantage of them with a promise that they can get out of their contracts and work with another company.

[NRSKarenRN]

Update:
Decision delayed on case against Smithtown nurses -

[bagladyrn]

Originally Posted by NRSKarenRN

Update:
Decision delayed on case against Smithtown nurses -

Karen - I tried to read this and got the screen saying I don't have access to this page - Huh?? Didn't know not being premium kept you from reading.

[pinoy_guy]

Court upholds charges against Filipino nurses

9:14 PM EDT, September 28, 2007

A state Supreme Court judge Friday denied a motion to dismiss charges against 10 Filipino nurses accused of conspiracy and endangering the welfare of children after they resigned en masse at a Smithtown nursing home.

"The decision speaks for itself," said Assistant District Attorney Leonard Lato. "They quit under circumstances they knew could endanger the welfare of others and they just didn't care."

Supreme Court Justice Robert Doyle also denied a motion to dismiss charges of conspiracy and criminal solicitation against Felix Vinluan, the nurses' lawyer. The charges say he told the nurses to quit.

Doyle wrote in his response to Vinluan's motion that "the action of these defendants, acting together with forethought and planning, was not a simple resignation."

The next hearing is scheduled for Oct. 29; lawyers said they anticipate a late January trial date.

[celtictides]

Its interesting to read Sentosa Care recruiting and advertising for Filipino nurses.

I doubt they came through with what they offered them. You can read their advertisement and recruitment here:

http://www.sentosarecruitment.com/whatdoiget.html

Here is the scoop on what's going on here:

Nurses file class suit vs. recruiter, employers
Washington, D.C. --- Twenty-seven New York-based Filipino nurses and one physical therapist filed a class suit against the recruiter who brought them to the United States and their employers here for not paying them the stipulated salary, fraud and misrepresentation.

The class suit was filed before the Office of Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice in Washington, D.C.

Named respondents to the suit were Bent Philipson, Francis Luyun, and 11 nursing homes of which Philipson is the chief operating officer. Luyun is the chief executive officer of Sentosa Recruitment Agency, one of those cited in the suit.

The complainants are represented by New York immigration lawyer Felix Vinluan.

The nurses said they were recruited to work as immigrant workers, while the physical therapist said he was recruited to work as H-1B non-immigrant workers by Sentosa Recruitment Agency.

In their complaint, they said that Philipson and the companies he represented promised the US Citizenship and Immigration Services (USCIS) to pay them the prevailing wage rates and other employment benefits.

Upon arriving in the United States, the complainant said they were not made to work for the employers who petitioned for them. Instead they were made to work for the companies controlled by Philipson.

You can read the complete article here:
http://www.filipinoexpress.com/20/15_news.html

[pinoy_guy]

Originally Posted by pinoy_guy

Court upholds charges against Filipino nurses

9:14 PM EDT, September 28, 2007

a better and more neutral article on the topic...from a Philippine news agency.

funny how US-based Newday is giving a spin on the issue and a news agency from a Third World country is doing a better job.

NY judge lets criminal charges stand vs Filipino nurses

09/30/2007 | 01:42 AM

NEW YORK - A New York state judge has refused to throw out criminal charges against 10 nurses from the Philippines who were arrested after they quit their jobs at a Long Island nursing home during a labor dispute.

. . .

No harm was done to patients, but Suffolk County prosecutors accused the nurses of criminal conspiracy and endangering the welfare of children for leaving their jobs so abruptly. Some of the home's residents included disabled children in a pediatric unit.

. . .

The judge, Robert Doyle, denied a motion to dismiss the case Friday.

. . .

Vinluan and the nurses could face up to six years in prison if convicted on the charges.

[pinoy_guy]

Smithtown nursing home faces state review

The state Department of Health is reviewing whether nurses quitting en masse from a Smithtown nursing home jeopardized patient care and whether the home should have notified state health officials about the resignations, a spokesman said Friday.

However, Avalon did not file a report with the health department, which is required under state law for suspected abuse, mistreatment and neglect.

"We are looking at the entire incident," said health department spokesman Jeffrey Hammond. He said the department would review whether the resignations jeopardized quality of care. And he said the department is looking at whether the nursing home "should have reported this incident to us."

Hammond said that if the health department finds against Avalon, the department could take an "enforcement action," which could include a fine and/or plan of correction.