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TsunamiKim · #21 Jan 09, 2006, 07:04 AM

TNNURSE and so many other dedicated Patient Advocates, <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
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There are certain employees who are more likely to become the target of a campaign for removal: you are in one of those two groups: tenure Nurses. The second group comprises innovative or outspoken employees in any job category; I am in the latter. The relentless drive to remove experienced tenure Nurses is purely financially motivated. However, new grads are not only cheaper they are more compliant with breaches in patient care through lack of coverage. They are not yet secure in their job or bold enough to speak up. They may also fear not being taken seriously or being ridiculed for their inability to cope. Sometime the more experience we gain the more we come to realize the potential for disaster; I have faced many disasters at sea and I became a very conscientious Captain. <o:p></o:p>
The toxic Nurse Manager is key to this process and very valuable to the Hospital. Don’t be fooled your Hospital will defend their toxic Manager with a tenacity beyond belief. She is laterally worth her weight in gold with the money she saves; the dirty money of dangerous understaffing cut backs. The Hospital can distance itself by pretending that the Nurse exodus has nothing to do with them, but it was precipitated and supported by them. The toxic Manager will help to transform her clinical area into a less desirable working environment and worse. As the situation deteriorates the tenure Nurses are the first to leave as they do not have to put up with abuse they can find another job. Policies that make the tenure Nurses feel demeaned and undervalued are instituted and their benefits package meets a few budgetary constraints. As more Nurses leave the working situation becomes more oppressive with mandated overtime and excessive call to cover the staff losses. You are left with the least experienced personnel trying to cope as they scramble to gain basic experience. This is happening all over the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> so that we can maximize Hospital profits. It is unsafe to the point of criminal negligence and we must expose this corruption to public scrutiny. <o:p></o:p>
People like me are dangerous because we dare to rock the boat; I even broached the subject of the “Nursing Exodus.” I am an ideas person and I was vocal right from the very start. As a new tech I considered myself still in training when after less than a year on the job I made my mark. A Surgeon became frustrated during a case and humiliated me with a reckless tirade during surgery. I wrote a letter to him admitting that I was still learning, but making a point about how his conduct had intimidated those in the OR and thereby endangered the patient when we could no longer function as a team. It was a long letter, very cathartic in the writing, but then I questioned giving it to the Surgeon. An Anesthesiologist friend read it and wanted to share it with her boss as she felt it really struck a cord. I removed all the names and it went from rooky Tech to the new Dean in one leap. The Dean called a meeting of all the heads of Surgery and made them read the lengthy two page letter; he said “this behavior has to stop and it has to stop now.” I thought “the letter,” as it was now called, might shake a few trees; it napalmed the forest! <o:p></o:p>
I was really pleased with the Hospital’s swift response. They set up six separate multidisciplinary teams to look into various issues in the OR and I was on one of them. We were all committed to the new goal: creating a “Perfect Day in the OR.” The frustrations that precipitated the outburst I experienced were finally going to be addressed and dealt with, I was impressed. Due to the vintage of our prestigious institution’s General OR suite the challenge was tremendous, an antiquated facility had not kept pace with new technologies and the frustrations were numerous. These committees met once a week for almost six months. This culminated in an OR Retreat at the Inner Harbor, a grand event that took place on my birthday the 28<SUP>th</SUP> of March with over 200 OR employees attending. The Dean while never publicly acknowledging me as “the letter” writer wrote a letter of commendation that was placed in my file. The outgoing Director of Surgical Nursing also wrote a letter, but more to the point we were making progress. <o:p></o:p>
The new Director of Surgical Nursing bought these efforts to a screeching halt. We didn’t even see her in the OR for the first 8 months that she was there. This is the same top level OR Manager who lied under oath at my Arbitration Hearing and she remains there to this day: enter Toxic Management All of the recommendations in the one inch thick book we had generated through the diligence of our committees was swept under the rug. We returned to our old fatalistic, “nothing changes” mindset, employees felt jaded and used. The “Perfect Day in the OR” became an elaborate wall exhibit to fool JCAHO during one of their perfectly choreographed scheduled visits where as usual the OR was transformed to deliberately deceive them. Filthy overflowing trash dumpsters were only kept in the hopper room during JCAHO visits. If challenged in a future hearing the Hospital will have to count on more than a hundred OR employees all lying to cover up the sordid facts of this negligent practice and deliberate deception: I don’t think so. <o:p></o:p>
The entire OR Retreat project was abandoned in favor of toxic Managerial policies to trim down the work force by getting tenure Nurses to leave, and they left in droves. The PTO (Paid Time Off) that trimmed their paid leave benefit, the “Occurrence Policy” that discouraged use of sick time: calling in more than three times a year put you in the disciplinary process. Then there was the final insult big fat bonuses paid to travelers for signing on for a few more weeks while regular staff shouldered the burden of excessive call. In my ignorance I, a non-Nurse, tried to suggest strategies for Nurse retention as I was deeply concerned about patient care. I had failed to grasp the deceitful concept of understaffing through toxic Management policies. I also tried approaching the Dean again to suggest a follow up that used a computerized system to channel ideas from ordinary employees to the Management, but it was of course ignored. I now call that idea the “Kaleidoscope of Innovative Momentum,” but it was an outgrowth of the OR Retreat. <o:p></o:p>
However, my Hospital now had a far more important focus, they were right on track to sop up all those profits from understaffing. Toxic Management was the key and input from the staff was unwelcome. I was warned by many, “nothing ever changes around here, don’t rock the boat.” My evaluations were astoundingly mediocre while they did not reflect the duties I was entrusted to. I started reorganizing the instrument trays on the insistence of my Nurse Manager. However, after devoting hours of my personal time to this project when it was finished she stalled me with “there’s a lot of change going on right now.” I was selected as one of the Techs who would work with our most difficult and demanding Surgeon the other was a far more experienced older Tech. At first I used to tremble in his cases; at the end of the first one he shook my hand and said: ”you survived.” It was working with this Surgeon that made me so fanatical about the way I did my job in the OR. I was fastidious to the point of being a tad neurotic and this did not endear me to all of the Nurses, but I could live with that. I tried not to let Surgeons “dump and grab” from my mayo stand with impunity and that annoyed a few. However, when Management tried to delete their most effective skin stapler I alerted the Doctors by circulating a petition and the decision was reversed to meet their needs. <o:p></o:p>
Although all of the staff were free to attend Surgical Grand Rounds, no one ever did except me. Perhaps I gained the respect of my Surgeons through hard work and that dedication to further learning I demonstrated by attending their Grand Rounds every Saturday without fail for three years. Later I became one of the Techs trained to work with the operative robot used in our Living Related Donor Nephrectomies. I joined the OR education committee, submitting a quiz on ECMO. I was able to change my shift assignment to work several of the most challenging and severely understaffed weekend shifts which I continued to cover for nearly two years until my untimely departure. I did a lot of Trauma and Transplant cases; I had to be able to do literally any type of Surgery that came to the OR, even opening for the Cardiac team until they arrived. This level of functioning wasn’t the hallmark of an incompetent Tech, but my evaluations remained alarmingly noncommittal as I was already identified as a risk to Managers. Knowing they would look downright negligent assigning an incompetent person to cover such demanding shifts the OR Managers chose to paint me as a “troublemaker,” abusive, threatening and even mentally disturbed. The hard earned respect of Surgeons was almost certainly destroyed when they saw me escorted out by Security like a common criminal. <o:p></o:p>
My Hospital was a Level one <st1:place w:st="on"><st1:PlaceName w:st="on">Trauma</st1:PlaceName> <st1:PlaceType w:st="on">Center</st1:PlaceType></st1:place> and as such under COMAR we had to be able to man a Trauma OR in 15minutes or less. COMAR didn’t say we could abandon another patient already in Surgery just to man a Trauma room. However on a Saturday night after 11:00PM our coverage dropped to just one Nurse and two Techs with an assistant for room turnovers. If we started a case we were supposed to call in a call person to stand by for Trauma because at that point we only had half an OR Team. However, if we didn’t call in that call person it saved the department money. So if we had a lengthy case under way and a Trauma came up to the OR then the one Nurse would split her services between two ORs that were technically not even in the same building let alone next to one another. There was no spare person to even call the call team for backup if they came to the OR stat. It seriously compromised the care of OR patients, but it saved the department money and the toxic Manager who condoned it would profit from that with a bigger, fatter bonus for doing her part in helping to make the unit unsafe. When the Compliance Line questioned Managers about not calling in the call team they blamed it on the ”Nursing Shortage.” This was BS because we had people standing by on call and the obligation to cover that call had no bearing on the “Nursing Shortage” as it was always covered. We were just saving money by leaving our call people at home. <o:p></o:p>
The Night that I was left stranded for 12hours was one such occasion when they should have called in a call team person to stand by for Trauma. The charge Nurse on duty was the Hospital’s most notoriously abusive OR Nurse Manager and after 11:00PM that night there was a fairly new Nurse on duty instead of another Tech. This Nurse Manager was so abusive that droves of Nurses left her shift and she could barely get new Nurses though orientation before there was no one there experienced enough to orient them, that’s how toxic this Manager was and how bad the situation got! New grads assigned to her had to learn very quickly as they were needed to train even more inexperienced new grads replacing the tenure Nurses. Working under this abusive Nurse Manager employees talked about dealing with the “S….Factor” (her name); no one tolerated it for long. When I told upper Management about this they appeared genuinely shocked, as if it was something they had absolutely no knowledge of. There is no possible way that they could not have noticed how many staff especially tenure Nurses left her shift: it was a lie. <o:p></o:p>
This rouge Nurse Manager was responsible for the decision to keep so few staff on duty on weekend nights, she could have stated that she needed more staff: negligent in itself.. She taught the Trauma courses, but she was also responsible for teaching new grads that if they took Charge on Saturday night it was simply unnecessary to call in a call team to stand by for Trauma. The Hospital had confidence that these raw recruits barely out of orientation would cope OK if there was an emergency. They could just wing it covering two ORs until a call person drove in from home after they got a chance to call them in. Luckily there was no Trauma on the night I was stranded for 12hours in that Liver Transplant because my patient was on bypass and that case was very challenging to say the least. <o:p></o:p>
The abusive Nurse Manager entered the room once to relieve the Circulating Nurse who had come on duty at 11:00; she was told to “run to the bathroom quickly” as if some major emergency was pending. She returned in less than 10minutes, but I was really absorbed in a critical part of the case and had barely looked at miss abusive while she was in the room let alone spoken to her. This Nurse Manager did not believe Techs were worthy of being given a break at all anyway, so she left and didn’t return until the end of the case at 6:00AM. Because of her comment to my Circulating Nurse we refrained from calling the desk thinking some emergency was about to come to the OR. I was convinced this was the case and since calling the desk would tie up one of the only people able to call out to bring in call people we refrained from doing this. It was becoming an increasingly more harrowing task to call in people with the staffing shortages. There were no overhead calls, but there was only one other person free in the OR to hear it. <o:p></o:p>
I think the abusive Nurse Manager spent the entire night surfing the Internet in her office. When she came to my OR I tried telling her I was about to pass out and she might have to take over from me so I could get something to eat. I had to repeat myself three times and when she finally heard me she gave me another task to complete before breaking scrub: “just suction out all the fluids before you leave.” To avoid getting written up by miss abusive for disobedience I suctioned out all the saline, slush and ice despite feeling as if I was about to pass out. After 12hours without food, water or a pee it was little short of cruel and inhumane punishment. I was shocked to find out there had been no pending emergency, but she claimed she wasn’t “just sitting around eating bonbons” that she was preparing instrument trays. This task would in no way preclude her from giving me a break. I was later expected to explain why I had not pestered the desk with calls requesting a break as I had to prove I had asked for a break. I feel that the Nurse Manager’s single most important duty that night was to my patient; she should have ordered me to break scrub to protect his safety. However, not only did HR condone this abuse, the Compliance Line and several regulatory agencies I contacted all thought that leaving me stranded for 12hours straight was perfectly OK.<o:p></o:p>
This is an interesting reprint from a document that those who work under similar unreasonable, torturous or downright inhumane circumstances in the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> should take careful note of:<o:p></o:p>
43. Hours of work are interspersed with one or more eating and rest periods of not less than half an hour. Continuous work may not exceed five hours. The rest period in jobs which span two meal times ranges between one and four hours (Labour Act in force, art. 58). <o:p></o:p>
UNHCR is helping to legislate more humane working regulations in <st1:place w:st="on"><st1:country-region w:st="on">Iraq</st1:country-region></st1:place> than are afforded to US workers even in critical jobs like healthcare! The “Labor Act” is a UN document, please visit this site: http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/E.1994.104.Add.9.En?OpenDocument <o:p></o:p>
In my case the COMAR violation was a “smoking gun.” which my complaint about the situations where I was left without relief had inadvertently uncovered. Their dirty little secret was out: not calling in call people to stand by for Trauma when another case was running was against their own policy, not to mention COMAR regulations, but it saved them money. All these little infractions, changes in policy, leaving toxic Managers in place to help trim down the work force: it is all about the money. Just one month after I left they started calling in their call people to stand by for Trauma. For me there was no stronger indication that what I said was absolutely right. When I contacted MIEMSS the Maryland Trauma agency I told them that quite possibly all of the Baltimore Level One Trauma facilities were misinterpreting their COMAR policy on OR coverage in exactly the same way and perhaps they should consider altering the wording to close this loophole. I was never thanked for this input, instead I was treated as a nuisance. <o:p></o:p>
I made sworn statements to the MEIMSS Attorney about several violations of the COMAR regulations at my facility that I, in good faith, believed endangered Trauma patients. Another issue was not expecting or insisting that our OR Techs maintained any basic CPR certification. It was the Hospital’s way of discounting our role in the OR as “idiot work” at the expense of demanding that we were better prepared for Trauma. As you all know good CPR quickly becomes exhausting so in minimally staffed off-shifts it was doubly important for the OR team to all be able to take turns maintaining CPR in an emergency. I was ACLS trained at my previous Hospital and was adamant about at least keeping current with CPR. But it was if you feel like it, on your own time. They wouldn’t even allow use of the title Surgical Technologist as it implied that we were trained. This is the big trend towards minimally trained staff. Some Hospitals have OR Techs doing the Circulator role which is grossly inappropriate as it does not match the absence of documentation training that we receive as Techs. and just provides a cheap scapegoat when things go wrong. <o:p></o:p>
MEIMSS did not bother to investigate, but informed me over the phone that the issues I had raised “did not specifically endanger Trauma patients.” Obviously it was OK to endanger other OR patients to drop everything to offer timely care to OR Trauma patients: presumably those “other” patients weren’t in their remit! MIEMSS never put anything in writing to me, as that would have acknowledged that there was indeed a problem and that I had reported it. I had tried to deal with this issue in-house by going up the chain of command, but after I was fired I was not prepared to let the matter go. Then I contacted the Compliance Line to give my Hospital another opportunity to handle things internally, but that too was ignored. Only then did I contact outside agencies. Unfortunately, those agencies were easily fooled by the “disgruntled former employee with an axe to grind” hype. Added to which I was going up against the single largest employer in the state of Maryland, the most prestigious well revered Hospital in the nation; it was like squashing a gnat! This lack of oversight may still endanger patients in <st1:City w:st="on"><st1:place w:st="on">Baltimore</st1:place></st1:City> even five years on.<o:p></o:p>
The important thing here is that it was documented and I did absolutely everything I could do to end the negligent practices; my conscience is clear. It may take a patient death to expose the issues I bought forward, but if and when that happens my documentation of the danger will surface at last. What continues to drive me five years on is that it is not necessary for anyone to die to correct these problems, so I feel compelled to continue speaking out even from exile on the other side of the <st1:place w:st="on">Atlantic</st1:place>. This is what you must keep in mind: document the danger and do not allow them to silence you, hopefully no one has to die from this negligence before the truth is revealed. It is easy to imagine that if there is no written reply from them it was not very important; be governed by your conscience human life is important. They think that by ignoring your letters of complaint and reports on negligence that the situation will go away and the big bucks from understaffing will keep rolling in. Understaffing is a form of fraud and you are bearing testament to the truth. Do not let their inaction persuade you to abandon this important paper trail of evidence; this is really vital. If something adverse happens in the future it will be hard for them to deny any knowledge of past reported negligence when there is a stack of ignored letters of warning from you documenting everything. <o:p></o:p>
Even as I parted with so many personal possessions when I was forced to abandon my <st1:City w:st="on">Baltimore</st1:City> home I got one file of paperwork out to be carefully preserved with a trusted friend in the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> so it will always be ready to go to court. There were so many other treasured items I left behind, but it was my solemn duty to protect that one file. I hope that one day we may be called upon to testify before an inquiry. I live for that day. I will beg and borrow the money to return to the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> to testify with all of my British family and American friends in full support of my stand for justice. That will perhaps be my last duty of US Citizenship as I have been totally trashed and abandoned by the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> in every possible way. PLEASE KEEP SPEAKING OUT! <o:p></o:p>
Although I know that some things have changed for the better at my old Hospital I am sure many have not. They rely on their iconic status to avoid scrutiny and bend a few rules to maximize profits. They have been caught a few times recently, but no one seems to recognize the pattern of “we are above the law;” they think regulation are made for lesser institutions and do not apply to them. Meanwhile their spin doctors are busy building on this aura of squeaky clean respectability, honesty, integrity and transparency. Have you been overwhelmed by the honesty, integrity and transparency of their actions in the accounts I have posted? My former Hospital is still wining accolades for their innovative patient safety initiatives while refusing to explain why they have not bothered to investigate my allegations or the retaliation used to silence me. They should really take the prize for Hypocrisy! <o:p></o:p>
When my Petition is posted on thePetitionSite.com you will know the name of this Hospital; it will be there soon enough. I do not know how effective this tactic will be in demanding an investigation into my case. My Petition appeal will only call for their Compliance Line to do a proper investigation; it appeals to that same Dean who wrote a letter of commendation for me so long ago to insist on this being done. The Compliance Line say that they looked into things, but I just didn’t like the outcome. They can hardly have looked into my case very thoroughly if they did not need to review anything from me or call me in for an interview. Besides a legitimate investigation would result in a written conclusion sent to me, but there was nothing, just vague reassurances over the phone to fob me off. I was told: “there seems to be some truth to what you are saying, but we have decided to just keep an eye on things.” This was not an investigation it was crude damage control, a cover-up, good PR Spin; it was certainly more about deceit than “transparency.”<o:p></o:p>
The real importance of opening my case is to expose the faulty HR dismissal process as it is used to silence patient advocates: that must stop. It must also expose the fact that the Hospital’s Compliance Line does not Comply it is just a sham. If I can still maintain my commitment after five years, loosing everything and abandoning my country of residence, then please if you are facing a similar situation stick to your guns and do not give up. The Internet is a great equalizer, it may give us all recourse to justice. Do not trust Management, HR, a Compliance Line or outside agencies; unless their actions prove worthy of your trust remain cautiously skeptical at all times. Keep generating the paper trail and hang on to every document you can get hold of. Contact the Whistleblower hot line, but don’t ever give up. <o:p></o:p>
If all I manage to do is leave a paper trail to demonstrate that all the warnings were there in black and white, then so be it. My most fervent hope for the future is that my Petition will pressure the Doctors who have created such impressive patient care initiatives at my former Hospital to first clean up their own facility then work towards enacting sweeping changes industry wide. Because of this prestigious Hospital’s influential position in the most prominent leadership role in US Healthcare there is an excellent chance they may try to do this if for no other reason than to regain public trust and polish a tarnished reputation. This possibility is a good thing for all of us and well worth fighting “Goliath” to achieve. I hope you will support my Petition when I post it as they will need to end their denial, investigate my case and humbly admit wrongdoing first. <o:p></o:p>
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<st1:place w:st="on"><st1:PlaceName w:st="on">Fair</st1:PlaceName> <st1:PlaceName w:st="on">Winds & Following</st1:PlaceName> <st1:PlaceType w:st="on">Seas</st1:PlaceType></st1:place>, Kim. <o:p></o:p>
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*gauge14iv* · #22 Jan 09, 2006, 07:57 AM

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*TNNURSE* · #23 Jan 09, 2006, 02:36 PM

There are certain employees who are more likely to become the target of a campaign for removal: you are in one of those two groups: tenure Nurses. The second group comprises innovative or outspoken employees in any job category; I am in the latter. The relentless drive to remove experienced tenure Nurses is purely financially motivated. However, new grads are not only cheaper they are more compliant with breaches in patient care through lack of coverage. They are not yet secure in their job or bold enough to speak up. They may also fear not being taken seriously or being ridiculed for their inability to cope. Sometime the more experience we gain the more we come to realize the potential for disaster; TSUNAMIKIM...you hit the nail on the head.These new grads..."want" to do such a good job.....and will become excellent nurses as they gain more experience.But...when you have a mass"exodus" of all the experienced nurses who are there to mentor them, to be a resource to, to pick up on the things they "cant see yet" before they turn into larger issues that results in a patient coding.....then how truly beneficial is it for them? How safe is it for patients to be in that position to where an ICU is staffed 90%+ with nurses who have 1 year or less experience.On an average night you have 10 ICU nurses working........9 out of 10 just graduated.On some nights you have a new grad (8 months) who is the most "experienced" nurse on that large ICU and has to do "charge nurse" for the unit.Is that fair to her? Has she been a nurse long enough to realize the potential gravity of being placed in that situation?I dont like it.They would have hung that young nurse out to dry if a sentinel event had occurred.She....nor any of the others were ACLS certified.Guess what? This is a large Level 1 trauma center we are talking about here too. Our NM turned a deaf ear to the experienced nurses as they complained about pt safety being compromised by the high# of new grad hires...and eventually they pretty much all (on my shift) left.Now those new grads have fewer and fewer resources...and yes.....you are correct ....their huge fear is being perceived as "not being able to cope". It's not about "being able to cope"....it's about what is the best safest thing for the patient.And....that is not an ICU staffed by 90%+ of new grads. These nurses....are excellent and want to do such a good job......but those kids are left high and dry with limited resources....and that huge fear of "if I complain...they will say I am weak , that I cant cope,..that I wasnt cut out for high acquity patients". And that Tsunamikim.....is sad.It is ethically and morally wrong....just wrong to place those kids that have come there to learn....and that want to do a good job...it is wrong to place them in that situation....and wrong re: the pt safety aspect of it as well.Nurses are going to have to get active.....go to those state nsg association meetings...participate....find out what can be done....what "they " can do.

*katfishLPN* · #24 Jan 10, 2006, 02:00 AM

Originally Posted by Haunted

Hey Kim, very thought provoking post, but why was it edited by Nurse Ratched as noted at the end? I am an RN and have extensive experience as a circ and understand the environment you describe. In reviewing many posters here it is evident that this cord of frustration and intimidation runs rampant within many environs of healthcare.

Those that speak out are effectively silenced and discredited as zealots who hold a grudge! How are things going for you now? I am still working registry but also venturing into Forensics since I also am passionate about the law and this job combines the 2 dynamics. How about a book about your insights and experiences? I predict a best seller!!! Keep up the good fight.

I was thinking the same thing. TsunamiKim you write so eloquently and I enjoy reading your posts. I was thinking you should have something published!!

Cute_CNA · #25 Jan 10, 2006, 02:31 AM

If only administration would realize that the reason there is a nursing shortage is because of the way nurses are treated!

TsunamiKim · #26 Jan 10, 2006, 07:01 AM

I Agree with TNNURSE: <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
We must abide by one of the core principles of Nursing training and do as Nurses are consistently taught to do: Document everything! Hang on to every scrap of paperwork; if not for yourself and your own law suite now, do this as a testament to the truth and save it for latter. Remember that core principal you were taught as a trainee Nurse: “If you didn’t document it, it never happened.” <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place w:st="on"><st1:PlaceName w:st="on">Negligent</st1:PlaceName> <st1:PlaceType w:st="on">Hospitals</st1:PlaceType></st1:place> and toxic Managers will rely on your lack of documentation, but good, thorough conscientious Nurses are their downfall as they will document everything. Your Hospital will count on intimidation and retaliation forcing you to go away; they will count on humiliating you into silence. They will avoid all written comments at all cost, because liars can be easily caught out by their lies on paper. If they lie to make a verbal false allegation, later they can adapt what was said to fit any evidence that might refute it; if they are caught on tape or they put something in writing, they are then unable to play this trick of modifying it latter. One major hallmark of an institution that is lying is their dire reluctance to put anything in writing: Smoke and Mirrors! <o:p></o:p>
I was confident enough in the truth of my allegations to make sworn statements in good faith to Public Agencies. I knew I was revealing details under oath on several occasions, but I was very sure of myself and very sure of the facts. People do not risk jail time to fabricate false statements of accusation for no reason; it is too risky: unlikely to work and far too high a price to pay for a very slim chance at revenge. A “disgruntled former employee” would have moved on long ago and would not be pushing to give sworn testimony before a Court Hearing or Public Tribunal. This obvious detail should have lent genuine credibility to my statements, but the Public Agencies were not ready to see their famous iconic Medical establishment challenged. They were ready to ignore and explain away all the secrecy that my former Hospital insisted upon, as if this practice was perfectly normal? This deeply flawed general strategy perpetrated by Agencies that are supposed to oversee, regulate and provide accreditation to protect the public interest is what desperately needs to change immediately to protect whistleblowers from retaliation.<o:p></o:p>
If anyone tries to scare you with threats of bringing a legal suite against you, remember it’s only slander or defamation if the statement you made is proven to be false. If you have come forward in good faith a minor omission or technicality cannot be used to prosecute you unless you are proven to have fabricated evidence or deliberately lied with malicious intent. The onus is on them to prove that what you have alleged is untrue. If your charges of negligence and retaliation are all totally truthful and factual then it will be very hard for them to conclusively prove that black is white. They can no longer just allude to your possible motive as tangible or conclusive evidence and get away with it. In Court the burden of proof favors the truthful and only those who have lied are reluctant to risk testimony under oath when the ramifications of committing perjury in a Court of law include time behind bars! <o:p></o:p>
Do not shy away from their false charges against you. Meet them head on by documenting what they have falsely accused you of in writing, then challenge it with facts. They are terrified of this scenario as they may now have to substantiate false allegations in Court or pretend that they were not made in the first place. I have seized upon many of my former Hospital’s false accusations, some that were so ludicrous no one in their right mind would believe them. When my former Manager went overboard trying to embellish her accusations of harassing phone calls with: “sometimes her calls to me would total five hours in one day,” now that was a real peach! Beyond that why would anyone in their right mind tolerate over 50 harassing phone calls and take no preventative action what-so-ever. No “cease and desist” written warning, no witnessed counseling session, no taping or tracking of calls, no contacting the Hospital Security to discus the mounting threat, no supporting documentation at all to back up the claim. Beyond that as my Manager she was responsible for “reinventing” my schedule so that I was assigned to an OR where my contact with her went from the former rare occasional chance encounter to seeing her day in day out. Who would do that if they genuinely felt threatened? <o:p></o:p>
The Hospital asked if I might agree to a Mediation through EEOC an agency they had a good track record of manipulating in the past. I didn’t know this at the time and foolishly agreed, thinking that this futile EEOC Mediation would be fair and impartial, but there was no hope of that. At one point, behind closed doors, in a private separate room where I was excluded access, some sort of office planner of fabricated list of calls was shown to an EEOC Mediator. Following this revelation the Mediator was totally convinced I had made over 50 harassing phone calls to my OR Manager. Since I was not permitted to see this “evidence” there was little I could do to challenge it barring trying to convince her it was fabricated. THERE IS NO LEGITIMATE REASON TO REVEAL INCRIMINATING EVIDENCE IN SECRET. If this “evidence was valid, my former Hospital would have shoved it in my face! <o:p></o:p>
If I ever go before a hearing both the Hospital and EEOC will have to explain the need for all this deliberately deceptive secret evidence. This tactic of demonstrating guilt behind my back where I was denied access, unable to even see the so called “incriminating evidence” and could therefore not challenge the validity of that evidence. should never be allowed at any type of hearing as it is instrumental in perpetrating fraud. This fake “evidence” only worked because my former Hospital was able to present it to EEOC in this clandestine way at a Mediation where this dubious form of deceit was not only allowed there was a promise it would never be referred to again. <o:p></o:p>
The number of Managers who attended my Mediation only further convinced me of their sheer desperation to suppress the truth. Each time I attended a hearing there was a larger contingent of Hospital representatives that I faced virtually alone with just a Union Representative. There were times when even that Union Rep started to buy into their propaganda. I had to elaborate on their inconsistencies, their lack of documentation and their reliance on subterfuge to perpetrate lies to win her around by demonstrating things that didn’t make any sense. The Hospital fully expected me to be so intimidated and thoroughly humiliated by their barrage that I would give up. They also expected me to go for the money they offered to silence me; first $5,000, then $8,500. This was contingent upon my writing a letter of resignation, but then damage that prohibited my being hired elsewhere would go away. There was a carefully veiled threat in their offer and I saw it as a sleazy bribe. If I really had acted as they said I would have been guilty of a criminal offence and they should never have offer me a nickel! Think about it, a Manager endures over 50 harassing calls and you reward the harasser with a cash payment? It was not the offer or the amount; it was the fact that under those circumstances, where they had gone behind closed doors to prove a criminal level of harassment had occurred, it was a totally amoral thing for an employer to consider offering any sum of money to the alleged perpetrator! <o:p></o:p>
In retaliation cases those who attempt to victimize you tend to go OTT with their false allegations, but wile it may impress a decision maker at the time it can come back to haunt the abusive Management latter on as it cannot be proven. They never consider the next hearing as they never think that there would be a next hearing. The second I knew that this piece of fabricated “evidence” existed I started requesting it in writing. The Hospital had never counted on my doing this and it became a severe embarrassment to them. By the time we went to Arbitration they were very cautious to avoid mentioning this “evidence” as it had swiftly and very conveniently disappeared. There are pieces of evidence that are so absolutely conclusive and damming that they should have been paraded before the Arbitrator at my Hearing; this phony phone log/office planner was one such item. The record of calls made and complaints that were discussed with the Hospital’s Security Department was another key item of conspicuously absent “evidence.” <o:p></o:p>
Before the Mediation hearing both parties were asked to swear that nothing either of us revealed that day would go beyond the hearing or be used in court; my former Hospital counted on that assurance to perpetrate fraud. The behind closed doors revelation of incriminating evidence is supposedly a standard EEOC policy according to their response to my letter of complaint. I want to reveal the dangers of this devious tactic so that EEOC and other Public Agencies are forced to make policy changes and future victims are warned ahead of time. If you agree to Mediation go over the terms of how the hearing will be conducted before you start. A behind closed doors meeting with a team of six Hospital representatives can be very persuasive and if you think the Mediator will not be swayed by their ear bashing you are way too naïve. Do not trust EEOC to provide a fair and impartial Mediation. Due to the blatant fraud perpetrated at my EEOC Mediation I no longer feel obligated to abide by my promise of silence as it is not in the public interest to continue endorsing this corrupt policy. If I have broken the law in revealing what happened that day: so be it. I am ruled by my conscience and would risk jail time to prevent future acts of fraud. This fraud helped a Hospital cover up patient negligence and retaliation against a whistleblower: I can no longer in good conscience remain silent. <o:p></o:p>
The important thing here is that it was documented and I did absolutely everything I could do to end the negligent practices; my conscience is clear. It may take a patient death to expose the issues I bought forward, but if and when that happens my documentation of the danger will surface at last. What continues to drive me five years on is that it is not necessary for anyone to die to correct these problems, so I feel compelled to continue speaking out even from exile on the other side of the <st1:place w:st="on">Atlantic</st1:place>. This is what you must keep in mind: document the danger and do not allow them to silence you, hopefully no one has to die from this negligence before the truth is revealed. It is easy to imagine that if there is no written reply from them it was not very important; be governed by your conscience human life is important. They think that by ignoring your letters of complaint and reports on negligence that the situation will go away and the big bucks from ignored negligent practices, skipped orientation, incompetence and understaffing will keep rolling in. Inadequate training of personnel and understaffing are forms of fraud as they defraud the public by false assurances of safe Hospital care: you are bearing testament to this truth. Do not let their inaction persuade you to abandon this important paper trail of evidence; this is really vital. If something adverse happens in the future it will be hard for them to deny any knowledge of past reported negligence or incompetence when there is a stack of ignored letters of warning from you documenting everything. <o:p></o:p>
Even as I parted with so many personal possessions when I was forced to abandon my <st1:City w:st="on">Baltimore</st1:City> home I got one file of important paperwork out to be carefully preserved with a trusted friend in the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> so it will always be ready for me to present in Court or at a public Hearing. There were so many other treasured items I left behind, but it was my solemn duty to protect that vital file. I hope that one day we may be called upon to testify before an inquiry. I live for that day. I will beg and borrow the money to return to the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> to testify with all of my British family and all of my American friends in full support of my stand for justice. That will perhaps be my last duty of US Citizenship. <o:p></o:p>
DOCUMENT EVERYTHING & PLEASE KEEP SPEAKING OUT! <o:p></o:p>
<o:p></o:p>
<st1:place w:st="on"><st1:PlaceName w:st="on">Fair</st1:PlaceName> <st1:PlaceName w:st="on">Winds & Following</st1:PlaceName> <st1:PlaceType w:st="on">Seas</st1:PlaceType></st1:place>, Tsunami Kim<o:p></o:p>

TsunamiKim · #27 Jan 10, 2006, 10:10 AM

A Minor Blunder Folks: This Last Post was meant to be placed on the other thread I was replying to, but it’s not like the info is not relevant.
These new Grads are being intimidated, used and manipulated while the Hospital plays on their insecurity as new recruits. If someone is not comfortable taking on a task they may not be ready for it yet, but that doesn’t make them a bad Nurse, just a wise and cautious Nurse as it’s merely a sign of admirable humility and full understanding of one’s own limitations. If new Grads are reluctant to accept responsibility when lives are at stake because they feel overwhelming then they are putting their patient safety first. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
When I began working as an OR Tech I was very conscious of my own lack of experience and inadequacies; this is normal. My ex-husband reminded me of the serious nature of my new job and said that in the first year I was still a “rookie.” He said I should cut myself some slack, have patience and pace myself; I should not expect to be perfect overnight, but allow the more experienced people around me to be supportive as I learned and perfected my practice. No one should be afraid of learning or admitting that they still need to learn; we continue needing to learn for our entire career. The initial period of “Orientation” to a new job is just one aspect of our ongoing commitment to training in the healthcare field. Beyond orientation there are “in-service presentations;” “continuing education credits,” recertification, renewal of CPR, ACLS etc. no one part of this process can be, or should be, omitted. All of our Doctors must follow this process too, plus they have Surgical Grand Rounds, M&Ms, conferences to attend and papers to demonstrate their competence is being kept relevant and up to date. There is a good reason why we renew our CPR cards regularly as we cannot allow any skill to lapse as our memory banks get crammed with new knowledge. Any medical professional who seeks to avoid orientation and training because they think they don’t need it is being arrogant and downright irresponsible towards their patients as well as letting down their coworkers. <o:p></o:p>
When I was at sea I was very reluctant to become a Captain and postponed taking this responsibility for many years. The more I learned, the more life threatening the events I experienced at sea, the more I came to understood the level of responsibility I would be taking on by becoming a Captain and the more reluctant I became. In my lengthy career at sea I have had multiple very humbling experiences and plenty of opportunities to reflect on the responsibilities of Captaincy. At 21 I was the least experienced in a crew of 3 as we were dismasted aboard a 30’ sailing yacht in the roaring 40s off the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place w:st="on">Cape of Good Hope</st1:place> on my second trans-Atlantic crossing. I learned the importance of a safety harness during times on that crossing when I was picked up and bodily hurled across the cockpit by a huge sea; it was as if someone had broken a chair over my back! Surrounded by armed Egyptian soldiers in the <st1:place w:st="on">Red Sea</st1:place> I had to contemplate acting alone to escape their guns and sail south to alert the Embassy when the Owner failed to return. I came on deck as we were nearly run down by a freighter in the <st1:place w:st="on">Gulf of Suez</st1:place>. I almost stopped sailing after “Red Barron” was rolled over north of <st1:place w:st="on">Bermuda</st1:place>; I have never been so terrified before or since as when I stood in that bucket chain bailing water for my life with blood streaming down my face! <o:p></o:p>
Sailing with my husband in the 80’s we were shot at by drug-running pirates east of the <st1:country-region w:st="on">Bahamas</st1:country-region> on a routine delivery run to the <st1:place w:st="on">Caribbean</st1:place>. We fought them off by returning fire with a Rugger mini 14, but I felt especially guilt ridden as my brother was sailing with us for the first time. Despite the encouragement of many, including my husband, I preferred less responsible roles; I contented myself with excelling in celestial navigation. Meanwhile as I proceeded to carefully weigh the consequences of increased responsibility, I was constantly confronted by real rookie sailors who were intoxicated by the heady power of being in command. They were all far too eager to strut their stuff as a Yacht Captain, but naivety and lack of experience were shielding them from any full understanding of the responsibilities they were taking on. It was bought home to me when it was my responsibility to set of my EPIRB to call for help after we lost the rudder out of a 30’ race boat I was delivering to <st1:place w:st="on">Puerto Rico</st1:place>. On the Whitbread, I watched my best friend tossed into the Southern Ocean; we also broke the boom, trashed sails and lost the steering at one point. It was the serious understanding of responsibility that first led me to seek the medical training that resulted in a major career change for me. <o:p></o:p>
After facing so many serious incidents at sea I did not come to healthcare thinking that I would never be confronted by crisis. I try to anticipate the potential for a real crisis and teach myself tactics to safely cope with such situations. In my latter years at sea I often sailed in a teaching capacity with new boat Owners. As I noted the look of terror on the face of the Owners wife as her husband went up onto the foredeck, I would teach her to think about what she should do if he were swept overboard. Confronting the possibility head on, facing the demon fear and thinking through things logically always seemed to help allay their horror filled anticipation of the worst nightmare scenario. I used to have a recurrent dream that one of my crew was swept overboard and I had to get them back. Only once did I dream that I was the victim in the water on all other occasions I was the one saddled with responsibility for getting that sailor safely back onboard the boat. Strangely enough I did not consider these nocturnal emergency drills nightmares; I would wake up calm and at peace having worked through my worst fear of responsibility for another person’s life. <o:p></o:p>
In the Medical profession as at sea ongoing training, emergency drills and refreshing of skills is being better prepared to save lives. It is highly unprofessional to avoid this duty. No one should ever shy away from, or be too proud to admit needing help and advice to make the care they provide safer for our patients. When Hospitals try to abdicate responsibility for proper training, or when they try to dumb down the workforce, it is for profit driven concerns only. There is no excuse for someone to refuse orientation except arrogance. There was no logical reason for our OR Techs. not to be required to have CPR training except to maintain the illusion that we were idiots doing idiot work. Who might suffer the consequences of such lack of preparedness? Less training, lower qualifications and fewer skill requirements, as well as winging it with fewer staff, is not a desirable, safe Hospital environment. <o:p></o:p>

THIS IS FRAUD, AS IT DEFRAUDS THE PUBLIC OF SAFE HOSPITAL CARE! <o:p></o:p>
<o:p></o:p>
We must continue to protest this outrage:
<st1:place w:st="on"><st1:PlaceName w:st="on">Fair</st1:PlaceName> <st1:PlaceName w:st="on">Winds & Following</st1:PlaceName> <st1:PlaceType w:st="on">Seas</st1:PlaceType></st1:place>, Tsunami Kim. <o:p></o:p>
<o:p> </o:p>
PS: I was writing a book at one point; it was a novel with a strong medical theme that focused of moral and ethical issues. But it’s hard to be creative when one is fighting the persecution of retaliation as a Whistleblower, so most unfortunately it has remained on hold since the incident where I was wrongfully terminated. I hope to continue my creative writing when I regain some of my self respect and my piece of mind. <o:p></o:p>

*TNNURSE* · #28 Jan 10, 2006, 10:18 AM

Before the Mediation hearing both parties were asked to swear that nothing either of us revealed that day would go beyond the hearing or be used in court; my former Hospital counted on that assurance to perpetrate fraud. The behind closed doors revelation of incriminating evidence is supposedly a standard EEOC policy according to their response to my letter of complaint. I want to reveal the dangers of this devious tactic so that EEOC and other Public Agencies are forced to make policy changes and future victims are warned ahead of time

TsunamiKim.....is that legal?Can they mandate that this "what appears to be " a legal proceeding can not be on "record"?See...I have a limited knowledge of how "unions" work...but.....this smells like a rat 2 me.
Also...did your HCF stand behind that too....and not discuss it amongst others?BC.....alot of these HCF have very " pretty"...strong well written policies......however......thats all they are.Meaningless words on paper.I was wondering ...do you know if JCAHO actually makes these hospitals provide proof of any time they have actually enforced their anti retaliation policies?That would be interested to see.....since they are begining to focus more and more on ethics and compliance during their inspections...and also as the public is begining to be more and more informed.It would be interesting to find out if,,,,these HCF's are providing any proof of how they actually have enforced their policies.

TsunamiKim · #29 Jan 10, 2006, 09:19 PM

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p> TNNURSE, </o:p>
<o:p></o:p>
<o:p>To answer your question,</o:p>
Well actually the very existence of a Compliance Line brings with it the assumption of Compliance, just as “Risk Management” implies a conscious effort to reduce risk! It did not take too long before these Hospitals learned how to play the game and manipulate the system to their own benefit. Believe me, there are significant benefits to having a Compliance Line because it allows the opportunity for an investigation to be handled internally where it can be controlled, managed and manipulated: ultimately the desired result is virtually guaranteed. It also helps an employer to identify troublemakers at a very early stage when retaliation can be accomplished swiftly and effectively, before the concerned employee has time to take any action to protect themselves or solidify their case for alleged negligence. In addition it is a neat PR stunt to have a Compliance Line littered with flowery language about patient safety, integrity, honesty and transparency posted on the Internet. It’s real downfall has more to do with the tangible danger of having “the Foxes Guarding the Hen House.” <o:p></o:p>
<o:p></o:p>
NEVER TRUST SOMEONE WHO SAYS: “TRUST ME.” <o:p></o:p>
Beyond well managed damage control and PR, there are other more tangible benefits: if they get caught with their hand in the cookie jar they can plead that their institution did everything possible to encourage reporting, by having that Compliance Line. This will earn them a significant reduction in the amount their Hospital will be fined for bending the rules or even breaking the law. That can be a big chunk of change; a very similar incentive is driving the call for Tort Reform: it is all about the money. Reduce accountability, reduce liability and increase profits. I was told that one of the Whistleblower Internet sites had an exposé warning about not turning to Compliance Lines for internal reporting as they were not safe from corruption and did not provide protection from retaliation as the profess to. So much hypocrisy; I only hope that my Petition will help to blow the lid of this scam. <o:p></o:p>
However, while it works great for them, does it protect patients from potential harm or protect those who report negligence and abuse? NO! Quite the opposite as calling a Compliance Line may alert a company of who they need to target for prompt removal. All this is irrelevant and useless if a “Compliance Line” or “Risk Management” refuses to investigate, manipulates a sham investigation to provide damage control or fails to prevent retaliation for those who dare to report negligence. There are serious flaws inherent in an investigation where the investigator has a vested interest in finding “no probable cause.” Is it really an independent Compliance Line or do their investigators essentially work for the Hospital? Selective questioning is the real key to a desired outcome. What questions are being asked and how are they being asked? Who documents all of the replies and what is their personal agenda? What part of the reply given was subsequently deemed by them to be unimportant and therefore got discarded? You provide a list of witnesses for them to question, but the focus of their questioning is not to uncover wrongdoing, it is to discredit the reporter. All too often you are horrified that the truth did not emerge, but there is generally no hope that it ever will. <o:p></o:p>
The interviewer implies that the only relevant investigation centers on your credibility, your competence or their personal opinion of a misconduct charge fabricated to oust you. The witnesses are fully aware of the consequences of trying to act as a character witness for a fired coworker and there are ways to reinforce this very real fear. By now your former coworkers have realized that your patient safety concerns are not considered relevant and will not be addressed any time soon, so why suffer the same fate as the ousted employee if there is nothing to be gained? Now the questioning will target subjective (and therefore irrelevant) personal feelings for you as coworker. The investigator will be extremely persistent until they get the exact comments they are looking for to paint your legitimate complaint about negligence as an isolated irrelevant personal opinion or a grudge against the Hospital in response to discipline. <o:p></o:p>
Most people will turn to EEOC trusting them to redress this type of wrong, but at the very least expecting them to behave in a fair and impartial manor. Their literature clearly states that they do not take sides. The concept behind not allowing testimony revealed at Mediation to go beyond Mediation was a good one, but once again it can be badly manipulated to the advantage of a corrupt employer. The reason this is done is so that both parties seriously consider Mediation as an option, because when it works, it saves money, time, frustration and so much more. I went into the Mediation well prepared with notes on what to present and a determination to take the moral high ground and I think I handled my part well despite feeling outgunned. I caught them of guard by asking them all to stand and look at the clock, it was close to !0:00AM. I then described the restrictions of movement, limitations on things that could be touched, the complete dependency of being “scrubbed into Surgery.” I stated what my duties entailed and how I had to concentrate on anticipating the Surgeons needs and how many really tiny sutures I might need to load and pass during a liver transplant. I reminded them that the entire Surgical team would leave the room briefly during a lengthy case, but I was trapped without food, water, without even a chance to urinate, standing until !0:00PM that night. <o:p></o:p>
They were unshaken by this demonstration, as if expecting this of an employee was part of the normal job requirement. I continued to focus on just the negligence and patient care issues only latter adding that reporting these issues had cost me my job. I finished by saying that if they refused all fair treatment of me with regard to reinstatement to please assure me that they would at least take my documentation of negligence problems from the Mediation and agree to fix the issues I had raised. I stated that if these problems were taken seriously they might dodge the bullet and not have a patient harmed by the negligence or their family suing for compensation; so in effect it might save them money to just listen to me! I gave them a copy of my idea for the “Kaleidoscope of Innovative Momentum,” a concept that was a follow on from the OR Retreat that I had precipitated early on in my employment with them. Despite their persecution of me I would gladly have handed this idea over to them if they had expressed an interest in pursuing it, but they were too busy trying to demonize and discredit me. Of course they didn’t heed any of my warnings and then proceeded to spew lies for several hours in order to intimidate and humiliate me into silence: it was obscene! <o:p></o:p>
The part that caught me off guard was the behind closed doors look at their fabricated incriminating evidence, that there was no real possibility to quantify, let alone refute. In combination with the “nothing goes beyond this room” policy it encourages the fabrication of documents that could then disappear as they will never be mentioned again. I have never seen the evidence that left that Mediator so convinced of my guilt. Some might say that this was probably valid evidence and I was just in denial, but this is simply ludicrous. If it had been valid my former Hospital would not have concealed it from me so carefully; instead they would have flaunted it openly and produced it at my Arbitration hearing. Beyond the point where the “private viewing” occurred in a separate room the EEOC Mediation ceased to be fair and impartial; she advocated for me to take the bribe and put a lie in writing by tendering my resignation. Because of the gag order I could only allude to the type of evidence I expected them to produce prior to my Arbitration as: “any documentation of the alleged harassing calls giving the exact times and dates of those calls.” I could not refer to what ever was produced as the “the phone log shown to EEOC at Mediation.” If there was some form of documentation shown to EEOC it has since disappeared, since I have never seen it I suppose the Mediator could have been bluffing.<o:p></o:p>
I had also felt ganged up on by the number of representatives from the Hospital; I think it was six on that occasion. There is no indication ahead of time that you will face so many detractors. I do not know who else could have come into my Mediation Hearing under the rules, but I think they would have barred anyone not associated with the Hospital. A lawyer that I could not possibly afford? A few of my former coworkers who could not be expected to risk retaliation? So that left just me and a Union Rep! The Mediators are not Lawyers and the one I encountered had less idea of a legal concept of fairness than I did. Things like hearsay and second hand adapted heavily manipulated evidence were all fair game. Her suspicions were not aroused by my former Hospital’s secrecy and I still did not get one single direct quote from the so called “letters of outrage” coaxed out of employees. I doubt she bothered to read these letters as they were singularly unconvincing, very obviously solicited letters referring to normal actions with one nonsensical subjective comment tagged on the end. I could tell that she had no concept of “due process,” as she failed to recognize the total unfairness of the Mediation process that day. Employees need to understand how the odds will be heavily stacked against them at a so called “fair and impartial” EEOC Mediation. I would never consider this option again and would strongly discourage any other employee from seeking this form of redress. Unless the rules governing how EEOC Mediations are drastically changed these hearings will remain anything but fair. <o:p></o:p>
When the crew I had sailed with from <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:country-region w:st="on">South Africa</st1:country-region> to the <st1:country-region w:st="on">Seychelles</st1:country-region> followed us to go up the Red Sea they ran aground off the coast of <st1:country-region w:st="on"><st1:place w:st="on">Somalia</st1:place></st1:country-region>. Once we knew that they were being held I worked with the British Foreign Office, the <st1:country-region w:st="on">UK</st1:country-region> and RSA press to try and secure their release from jail in <st1:City w:st="on"><st1:place w:st="on">Mogadishu</st1:place></st1:City>. This increased my interest in Human Rights issues. Because of this incident and through my subsequent involvement with Amnesty International I have a better understanding of what constitutes Human Rights abuse than most ordinary citizens without any legal training. We are encouraged to write letters on behalf of prisoners of conscience around the globe. There is a special format for diplomatically appealing without provoking a harmful response or escalating the potential for harm to be inflicted upon a prisoner. I have also attended asylum hearings in <st1:City w:st="on"><st1:place w:st="on">Miami</st1:place></st1:City> and have a good understanding of the rights of asylum seekers. That is why I have such a firm understanding of how the abuse perpetrated by my former Hospital violated Human Rights statutes as defined by the Geneva Convention for the treatment of working POW. Freedom of speech is also very important to me and my freedom of speech rights under the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region> constitution were violated too. <o:p></o:p>
As a Unitarian I am very open minded and non-judgmental in my beliefs; I do believe in the Buddhist concept of “Karma.” My handling of the EEOC Mediation was governed by a strong belief that by doing evil things to others we invite pain and suffering into our lives: even the quest for revenge brings bad Karma. Any vindictive satisfaction in seeing a Manager disciplined is un

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