[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.

[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.

[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.

this is a reminder/wake-up call to honor your contract; if the situation is untenable, to go through the proper channels.

I would suggest not asking for closure of the agency/hospital that petitioned you as that would shut the door for other nurses from the Philippines to get to the US.

I suggest having an agency watch and fine erring agencies/hospitals.

this way the door will not be closed to our countrymen.

after reading the articles and court decisions, I doubt Sentosa is influential enough to affect decisions of various US courts and the POEA. there must be something there for these courts to decide as they did.

[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.

[pinoy_guy]

The People of the State of New York Against Elmer Jacinto, et al.

Defendants move for inspection of the minutes of the Grand Jury proceedings that resulted in this indictment and for dismissal of the charges against them. . . The Court finds that each count of the indictment properly charges these defendants with a crime and that the counts are not void for "vagueness".

Defendants raise an argument which appears to claim that this prosecution of defendants somehow violates the Thirteenth Amendment to the United States Constitution prohibiting slavery. Defendants argue . . . "it has been illegal to convict a person of a crime based upon quitting his or her job."

The Court discerns no basis for the relief defendants seek. Under no view of the facts of this case could it be said that the People were seeking to compel defendatns continued employment by any particular entity. [T]he Grand Jury found sufficient evidence with which to conclude that these defendants should be charged with specific crimes for the actions taken by them, en masse, at a time when they were entrusted with the care of certain physically disabled children. There is absolutely no evidence to suggest that this prosecution in any way violates the rights of any of these defendants under the Thirteenth Amendment to the United States Constitution.

With respect to defendants' application to dismiss the indictment in the interests of justice, that application is denied. The Court . . . does not find that there exists a compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendants would constitute or result in injustice.

With regard to defendants' request for suppresion of statements made by them to law enforcement personnel, a hearing . . . shall be held immediately prior to trial to determine the voluntariness of any statements within the meaning of CPL 60.45.

I wonder what statements Vinluan and the nurses gave to law enforcement personnel that they want to strike from the record.




The People of the State of New York Against Felix Vinluan

Defendant also moves . . . for dismissal of the charges against him. This aspect of defendant's motion is granted solely to the extent that the Court has inspected the minutes of the Grand Jury proceedings and finds the evidence legally sufficient to support the charges contained in the indictment.

In moving to dismiss the indictment . . . the defendant argues that his only goal and the only goal of the co-defendant nurses in taking the actions that they did, was to obtain alternative employment for the nurses and release from their three year commitment to their employer.

straight from their mouths.

[D]efendant argues that in order to establish a conspiracy, there must be "a corrupt agreement between two or more individuals to do an unlawful act, unlawful as a means or as an end."

The Grand Jury had ample evidence before it from which it could conclude that defendants were well aware of the fact that their mass resignation from their critical roles as care givers to these disabled children, without sufficient advance notice or warning to their employer, would likely be injurious to the physical welfare of their patients. The Grand Jury concluded that there was sufficient evidence to establish the existence of an agreement to engage in conduct that would constitute the crimes of Endangering the Welfare of a Child and Endangering the Welfare of a Disabled Person, and that there was an overt act in furtherance of that agreement. The fact that defendants may have had the further objective that their resignations would somehow enhance their bargaining positions in a labor dispute with their employer, does not absolve them from criminal liability for the consequences of their actions.

While a nurse may, often times, have a right to unilaterally resign from his or her position of employment, the actions of these defendants, acting together with forethought and planning, was not a simple resignation from a nursing position.

Individuals have a right to take action in the exercise of the freedoms guaranteed by the Constitutions and laws of our state and country. However, the freedom to exercise those rights is not absolute.

[T]he actions of the defendants cannot be judged in a vacuum . . .

resignation to enhance your bargaining position in a labor dispute with your employer?

With regard to defendant's request for a hearing . . . to determinee the voluntariness of any statements made by defendant to law enforement personnel, that application is granted to the extent that a hearing shall be held prior to trial to determine whether statements given by defendant were voluntary within the meaning of CPL 60.45.

again the move to strike their own statements from the record.

[pinoy_guy]

The 'other face' of Sentosa: Pursuing a slice of American dream

The dispute has made headlines both here and in Manila. There have been suggestions of political interference, further clouding the issue. But lost in the din of the legal skirmishes and flurry of press releases is the story of the nurses who have opted to stay put with Sentosa. And now, they say, they want to be heard too.

"I am truly blessed," Canasa enthused . . . she applied at Sentosa Recruitment almost on a whim. "Sayang din yung opportunity (I could not let the opportunity pass)," she recounts amusedly . . .

She’s been with Sentosa’s Hampton Center facility for only nine months. Canasa admits her relatives back home, reading about the adverse reports against Sentosa worried about her – enough to alert other relatives in the US.

"Sabi ko nga sa family ko back home, ayos naman ako. Maganda naman treatment nila sa akin (I told my family back home that I am alright. I’m treated well)," Canasa averred.

Zaide Belarde is the director of nursing at one Sentosa facility, the New Surfside nursing home in Far Rockaway, New York. She supervises scores of nurses assigned there, including 14 Filipinos . . .

Belarde, who worked for five years at St. Luke’s Hospital, insists Filipino nurses are treated well, if not better, than other nationalities at Sentosa facilities.

She said she recruited her own sister who was working in Saudi Arabia to work with Sentosa. "Bakit ako magre-refer pa sa kanila ng ibang nurses kung hindi binibigay sa amin ang tama (Why would I refer to them other nurses if they are not giving me the proper treatment)," Belarde argued.

Belarde says one of her biggest concern is that the Sentosa controversy might imperil 600 other nurses waiting in Manila to complete their papers to work at Sentosa’s New York facilities.

"I am one of the nurses who can say na kung anong benefits ang dapat ibigay sa amin, na-receive namin (the what benefits that are due us are being received by us)," she stressed. Now Belarde wants to share the boons of their profession with her fellow nurses back home. "I’m happy here. Dinala nila tatlong anak ko, ang asawa ko, (They brought my three kids, my husband) and my mom keeps coming back and forth from the Philippines."

came across this news article on the other nurses working for this agency.

additional information on this issue.

[pinoy_guy]

NY case bankrupts lawyer for Sentosa 27
10/17/2007 | 09:46 PM

Salvador Tuy, Merit Salud, Manny Quintal, Carlos Garcia and Felix Vinluan are just some of the Filipino lawyers who have been working pro bono for Sentosa 27.

heroes and heels.

if they win the case, heroes if the 10 were really victims; and heels because if they win the case and successfully shut down the agency, that'll be the end of the road for hundreds of other Filipino nurses in the Philippines.

if they lose the case and the findings were that the 10 just wanted to weasel their way out of their contracts (as they themselves stated in the indictments posted above)--then that'll be a negative mark on Filipino lawyers.

But since the New York Supreme Court Judge Robert Doyle ruled that the criminal case against the 10 Filipino nurses and their former lawyer Felix Vinluan will go to trial, the lawyers have become more vocal.

basic question: if they claim to have 27 complainants, why were only 10 indicted?

if they had a reasonable legal leg to stand on, there should be strength in numbers.

Vinluan of Westbury New York is also charged with criminal solicitation and conspiracy for encouraging the nurses to resign.

That was almost a year after Sentosa 27 filed a discrimination complaint with the United States Department of Justice.

It was back in March 2006 when two nurses sought Vinluan’s advice. Around the same time, two other nurses went to the Philippine Consulate in New York. They wanted to know who could help them with what they claimed were Sentosa’s unfair treatment and breach of contract.

the Sentosa lawyers told some Filipino journalists that Vinluan was allegedly an Immigration Lawyer for a competing agency, Juno.

According to Vinluan, the consulate asked him if he could help those nurses as well. The following week, the number of nurses who have similar complaints grew to 15. By April 6, 2006, there were 27.

“There were actually many more who wanted to come forward," said Vinluan. “But they either got intimidated or scared, or maybe they really just can’t afford to loose their jobs."

where did the 17 go?

“The indictment against Felix has a chilling effect on all lawyers," said Tuy. “If you cannot advise your client freely without fear of prosecution then what’s the use of giving legal advice."

“Even if your lawyer gives you a bad advice, that is not a criminal act. There is nothing illegal about that," Tuy said.

. . .

According to Tuy and Michelen, there is a concerted effort to get the support of bar associations and to call their attention to Vinluan’s case.

He no longer practices law and suffered multiple heart attacks.

“I gave up my office in Manhattan and my practice," Vinluan said. “My health has deteriorated and it will just be a disservice to my other clients because my concentration right now is with the Sentosa case."

Vinluan admitted that he has no income. All of his savings are gone, and his family survives because his wife works. With the trial, he is expected to spend thousands of dollars for his defense counsel.

“Like the nurses," Vinluan said, “I have to raise funds."

According to Vinluan, it was only when the judge’s decision came down and he learned that his case will go to trial, that it hit him.

he was banking on the case not going to trial.

anyway, we'll know the truth after the Courts decide on the case.

from the post above, other nurses working for Sentosa are happy with their working conditions.

let's pray they do not shut down Sentosa, as hundreds of Filipino nurses are working for, or are still being petitioned, by this agency.

if Sentosa had been maltreating the nurses, then the agency should be fined, and the guilty ones punished.

shutting down Sentosa would have a chilling effect (to use the words of the Sentosa 27's lawyers) on other agencies.

what agency would be willing to petition for Filipino nurses after they shut down Sentosa?

a lot of my friends have difficulties finding agencies or hospitals willing to petition for them.

I hope they don't shut down one of the few doors left.

[pinoy_guy]

Group wants POEA to cancel Sentosa license

10/27/2007 | 04:52 PM

On October 25, a delegation headed by Partylist Rep. Liza Maza met POEA Administrator Rosalinda Baldoz to ask for the suspension of the operations of Sentosa, which the group accused of engaging in large-scale illegal recruitment activities.

Migrante International, together with the relatives of the victims of Sentosa, organized the picket and the discussions at the POEA offices in Ortigas.

“Clearly, the Sentosa Recruitment Agency (SRA) is guilty of large-scale illegal recruitment. Its operations should be suspended immediately and its license revoked permanently, said Maita Santiago, secretary general of Migrante International.

it is not clear, as all rulings by different US Courts had a different finding.

According to Santiago, her group is also urging Administrator Baldoz to disclose what they call as “political intervention" behind POEA’s actions against SRA’s victims.

Santiago cited as proof of “intervention" US Senator Schumer’s letters in behalf of Sentosa, which were were sent to POEA Admin. Baldoz, former Labor secretary Patricia Sto. Tomas, New York Consul General Ceclia Rebong and Pres. Gloria Macapagal-Arroyo.

. . .

“We wouldn’t be surprised kung may suhulan sa Malacanang, sa Department of Labor and Employment, o sa POEA," Santiago said.

“Because the political intervention has already been admitted, it must be exposed, investigated and those found guilty of this shameless abuse of power must be punished," Santiago stressed.

they conveniently forgot to mention the findings of the US Courts.

they did not interview the nurses happily working under Sentosa in the US.

it is easier to imply bribery (suhulan) of Philippine Agencies.

all these actions fly in the face of facts, and only jeopardize the jobs of Filipino nurses working under Sentosa at present, jeopardize the nurses under petition in the near future, and might jeopardize/close down a door to the US for future Filipino nurses who might not have another option in going to the US.

[boot_unit]

Nurses rally to support colleagues in court

About 50 nurses from the New State Nurses Association, the Philippines Nurses Association of New York and nurses from St. Vincent's Midtown showed up Monday at the Riverhead courthouse to chant and shout their support for 10 indicted Filipino nurses.

The indicted nurses are facing charges of endangering the welfare of children in a pediatric ventilator unit at a Smithtown nursing home after they quit in March 2006 over work disputes. It's apparently the first such indictment of its kind in state history.

Included in the group of supporters at the courthouse was the stepfather of a child who had been in a pediatric ventilator unit at the nursing home. His step child was not in the unit when the nurses quit, and he praised them for their hard work.

The 10 nurses were at the courthouse for a hearing to determine whether they should all be represented by the same lawyer; the hearing was postponed and tentatively rescheduled for Dec. 17. A trial date was tentatively set for Jan.28.

[pinoy_guy]

Supporters rally for indicted nurses
October 30, 2007

Steven Schmidt of Northport, whose stepson was in Avalon's pediatric ventilator unit for five months in 2005 and left seven months before the nurses quit, praised them. "We know the nurses cared and management didn't care and that's why I am here," Schmidt told the crowd.

this person is not talking about the same nurses.

REPORT: July/August 2006
For these nurses, the bad old days are back

the link is dead, but relevant portions are quoted here.

On Nov. 23, Salve and other nurses were given a one-day orientation at Brookhaven Rehabilitation and Healthcare Center in Queens. The next day [Nov. 24], they were sent out on the floors.

. . .

After nearly five months, they had reached the limit of their endurance. On April 6 they filed a complaint with the U.S. Department of Justice. During the following three days, the nurses resigned from their various facilities.

as the nurses in the case worked for "nearly five months," I don't think Steven Schmidt of Northport even met these nurses as [his stepson] left seven months before the nurses quit.