Sentosa Case in NY: Study contract before you sign - page 2

kababayans, please study the contract before you sign. i'm sharing this article, hoping that we all learn from it. nurses charged after walking off the job... Read More

  1. by   pinoy_guy
    an update...could affect the 450 nurses being processed by sentosa.

    study the contract before you sign.

    http://www.gmanews.tv/story/37242/fi...f-pinay-nurses

    fil-am lawyer wants individual counsels for ny trial of pinay nurses


    tuy also wanted the government to suspend sentosa's license to recruit while the country and thousands of filipina nurses are awaiting the outcome of the case in new york where contract violations were allegedly committed against 55 filipina nurses who were recruited to work in the usa.

    "this is to protect more filipinas from suffering the same fate as those now in the usa and facing trial just because they had the guts and temerity to file administrative charges against sentosa," tuy stated.
  2. by   pinoy_guy
    http://globalnation.inquirer.net/new...ticle_id=59388

    filipino nurses in ny ask poea to rule on case vs sentosa

    04/09/2007


    manila, philippines -- the 10 filipino nurses in new york charged with, among others, endangering their patients have asked the philippine overseas employment administration (poea) to rule on the case of contract substitution they filed against sentosa recruitment agency.

    in an e-mail to media outfits monday, the nurses' lawyer, filipino-american salvador tuy, said sentosa allegedly violated poea recruitment rules and regulations by making the nurses work for avalon gardens, which does not appear in the poea-approved contracts with sentosa recruitment agency in manila.

    tuy urged the poea to re-impose a preventive suspension on sentosa to protect other filipino nurses from suffering his client's fate.

    . . .

    in a phone interview, poea administrator rosalinda baldoz told inquirer.net that officers on the case have promised to come up with a decision this week.

    the case, filed april last year, caused the immediate suspension of sentosa. however, when the agency submitted its position, the poea lifted the preventive suspension.

    sentosa, whose case was backed a us senator, argued that the nurses left without spending anything and were immediately given immigrant status.

    . . .

    tuy and his clients said the allegedly undue influence of the us senator and defensor might have been the reason for the immediate lifting of sentosa's preventive suspension.

    "under philippine law, the charge for switching an employer to the damage and prejudice of the filipino worker is a violation of the recruitment act. if there are more than three complaints against the recruiter, the offense constitutes economic sabotage and there is no bail allowed. yes, we could have at least suspended sentosa's license," he said.

    "i am completely unsatisfied with our justice or just 'tiis [bear it]' system. but i am doing something on my own to help these nurses by drawing as much legal help from volunteers," he added.

    tuy argued that his clients cannot be charged with abandoning their patients and endangering children because the employer on record is prompt nursing agency.
  3. by   pinoy_guy
    http://www.mb.com.ph/scty2007042692657.html

    speaking of health care, i will have as guests today on my show, "dee's day" on channel 9 at 10 a.m., with a replay tomorrow at 8 a.m., bent philipson, ceo of the sentosa care group of the united states and their philippine representative here, nurse francis luyun.
    can anybody watch this and share what they discuss?


    apparently, the 10 filipino nurses were really not going to honor their signed three-year contracts. never mind if the parent company had incurred expenses bringing them to the us, secured working visas for them and for some, even their families without any money spent on their part.

    jacinto was even helped by the sentosa recruitment's head, francis, by advancing him money to pay off an earlier recruiter who did not deliver on his promise of a us visa and a job.

    and it also seems that their attorney, vinluan, had sought to obtain for the nurses, alternative employment!

    the defendants continue to stay in the us as their visas have not been revoked-yet. they are working in other health care facilities or hospitals.

    "a few bad eggs... " this is what philipson thinks of the indicted nurses. he still has not lost faith in filipino nurses, many of who staff their facilities.

    he has the highest respect for his filipina nursing supervisors who have been with them for a long time. francis himself worked with the sentosa mother group and was a staff nurse in several health facilities before he put up the recruitment arm for them here.
  4. by   pinoy_guy
    fellow filipino nurses,

    (1) study the contract before you sign.

    (2) after you sign, do not think of escaping your contract just because somebody told you that another hospital/agency has higher pay rates.

    a higher pay rate is not a justifiable reason to breach your contract.

    go back in your memories to when you were still in the philippines, and were worrying about how you can get to the us.

    a green card is not a ticket that entitles you to breach your contract.

    (3) an inhumane working condition is a justifiable cause to void your contract, but remember that it is kinda hard to believe that you were housed in "rat-infested warehouses with leaking roofs and no heating"...in a first world country like the us.

    (4) be careful whom you trust.

    in the final analysis, trying to escape your contract for a few thousand dollars will prove to be costly, if it ties you down to years of litigation...and possible deportation.

    (5) do not sign the contract if you think it's "unfair."

    there's no such thing as a free lunch.

    there had been a lot more nurses who suddenly found themselves in "unfair" contracts after they get their green cards in the us.

    as these cases show, the agencies are now resorting to litigation.

    if it's "unfair," walk away before you sign.

    after you sign, you're bound to your contract.

    (6) good luck to everyone, and let's pray the retrogression lifts soon.



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

    avalon gardens rehabilitation and health care center, llc, . . .
    plaintiffs,
    -against -
    anne almendrala, rennan cortes, rowena lozada and felix vinluan,
    defendants.
    facts


    the defendants anne almendrala, rennan cortes, and rowena lozada (hereinafter the "nurses") were granted immigrant visas to come to the united states from the philippines to work as nurses. the nurses entered into employment contracts for three years. the contracts stated that $25,000 in damages would be due if the contract were breached. almendrala's contract is dated april 1, 2006. on november 29, 2006 almendrala terminated her employment. likewise, cortes and lozada terminated their employments prematurely. plaintiffs assert causes of action for (1) breach of contract against the nurses, and (2) tortious interference with contract against defendant felix vinluan (hereinafter vinluan). vinluan is an attorney in the state of new york. in the answer, defendant vinluan asserts a counterclaim seeking recovery of damages against plaintiffs.
    accordingly, defendants' motion to dismiss complaint is denied; and plaintiffs cross-motion to dismiss counterclaim is granted.
  5. by   john83
    I'd like to share this quote from Pete Seeger:

    "Do you know the difference between education and experience? Education is when you read the fine print; experience is what you get when you don't."

    - Pete Seeger
  6. by   pinoy_guy
    http://globalnation.inquirer.net/new...ticle_id=63690

    dfa to provide legal aid to sentosa 27


    manila, philippines -- the department of foreign affairs (dfa) has taken up the cudgels for the 27 health care workers in new york recruited by the sentosa recruitment agency and who are now facing criminal and civil charges for allegedly abandoning their patients.

    at the same time, an alliance of filipino nurses working in the us has vowed to help the so-called "sentosa 27" by working to build "national community pressure in the case."

    nafcon, a coalition of filipino-american organizations present in 23 us cities, said it will work closely with the sentosa 27 to help them meet their basic demands: the dropping of all criminal and civil charges against them in the state of new york; compensation for all back wages, including unpaid overtime wages; re-suspension of the sentosa recruitment license by the poea; and the investigation by the state of new york on sentosa care llc operations related to existing anti-human trafficking law and the thirteenth amendment outlawing slavery.

    why are they adamant about suspending sentosa's license?

    can't they battle without inflicting collateral damage on the 450 nurses waiting for their green cards?

    what about their dreams?

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