Retaliation for voicing concern over unsafe pratices - page 21
Hi, I am looking for some insight into retaliation acts by employers.I am a RN in a ICU setting at a major teaching hospital.I have been a resource to my entire unit.I received a promotion only... Read More
Nov 19, '06Wow, you guys have a lot of gumption. I pray that all turns out right in the end and that the end isn't too long in coming. I used to be more of a fighter than I am presently. I'm embarrassed to say that I realize now that I have pretty much given up fighting. I must be getting lazy in my old days.
Nov 20, '06If you are in California your attorney probably has this. If not it is the Burton Whistleblower anti retaliation law. Thousands of us nurses wrote letters to get this passed in 1999.
I just posted the first paragraphs of the law here.
Try this link - WAIS Document Retrieval
If that doesn’t work check “Health and Safety Code” and type Section 1278 to find it here - Find California Code or here - Bill List
HEALTH AND SAFETY CODE
SECTION 1278.5. (a) The Legislature finds and declares that it is the
public policy of the State of California to encourage patients,
nurses, and other health care workers to notify government entities
of suspected unsafe patient care and conditions. The Legislature
encourages this reporting in order to protect patients and in order
to assist those government entities charged with ensuring that health
care is safe.
The Legislature finds and declares that whistleblower
protections apply primarily to issues relating to the care,
services, and conditions of a facility and are not intended to
conflict with existing provisions in state and federal law relating
to employee and employer relations.
(b) (1) No health facility shall discriminate or retaliate in any
manner against any patient or employee of the health facility because
that patient or employee, or any other person, has presented a
grievance or complaint, or has initiated or cooperated in any
investigation or proceeding of any governmental entity, relating to
the care, services, or conditions of that facility.
(2) A health facility that violates this section shall be subject
to a civil penalty of not more than twenty-five thousand dollars
($25,000). The civil penalty shall be assessed and recovered through
the same administrative process set forth in Chapter 2.4 (commencing
with Section 1417) for long-term health care facilities....
Nov 30, '06Hi...just giving you guys another update. spacenurse...my attorney is using the exception to public policy as one of his leverages. But....honestly guys...I finally got a long hard look at the "alledged" areas they claim is my writing.....and it is clearly a forgery.The incompetent practitioner who was practicing incompetently and committed an act that resulted in a sentinel event/death to a patient.....also went on to not only forge stuff under my name ...but also forged stuff under another persons name too.In their investigation at the hospital the investigators kept writng that my "story" was the only persons story who was consistent. The other 2 kept giving stories that varied each time they told it. They couldnt even agree on what day of the week they wanted to "lie" about....couldnt agree on times......one described signing a document as a witness that in no way resembled what the document looks like....then upon closer inspection.....it appears that the "incompetent practitioner" not only forged stuff under my name .....but also forged her "witnesses" name and initials too.And me.....well guys my story doesnt vary....and never changes bc I....I am telling the truth. My grandma always used to say "oh what a tangeled web we weave when we practice to deceive"......I guess its too bad my incompetent practitioner ex-coworker didnt meet my grandma......bc now....that Healthcare facility has to answer legally for her illegal actions.
Me...I simply want that healthcare facility to acknowledge that nurses error and to act accordingly. I want them to acknowledge that the patient was a human being with worth...she was not a peice of disposable garbage. She...was a person...a mother of 3 young kids. The only chance that she had to live...was effectively removed by an act that violated the hospitals policies and the standards set forth by the BON.I want them to acknowledge that she...was a person.I want to leave a papaer trail for the next nurse that this hospital feels they can do this to...so that their legal recourse will be easier than mione...to show the habits of this hospital.That...is what I want.Last edit by Keysnurse2008 on Nov 30, '06
Jan 13, '07It's been over a month and no one has posted on their progress. Any updates? There are quite a few lurkers out here that actually praise you for what you all are trying to accomplish. Have any of you heard back from the media, courts, NLRB or ? (Fingers Crossed !!) Thanks.
Jan 13, '07Hi Magic Avalon, I dont know if you included me in that update, but in case you did, here goes, my case in still in the appeals process.It takes years to either win lose or settle these cases, if one has found other employment in the mean time, its ok, but if you have been blackballed, it can be devastating.
Jan 20, '07The teeth have been extracted not only from unions, but from professional nursing associations in our country. This means that employers can screw nurses over and there is no recourse. Period. My advice: learn the warning signs of a TOXIC UNIT. Test early and often. GET OUT OF DODGE if they test positive, and KEEP IT LIGHT... Do a good job, keep skills current, and remember that ALL INSTUTUTIONS have the SAME CACA. I am VERY OLD now and this is the sum of my experience. No one is going to hold your hand through your career. No patient wants to be cared for by a nurse who is suffering from the institutional abuse that should be blatantly apparent to you after your first 6 weeks on any job. Make your own job. Make your own life. Somebody gives you caca, tell them to stop it. If they don't -- then you decide ON THE SPOT to keep taking it, or to move along. Pick your battles. Don't rely on your bosses for "strokes" to your ego. Nurses eat their young. It's that simple.
Jan 20, '07Quote from panhandlerHow does one explain all those different employers on your resume when applying for a new job? Running is nessessary sometimes, but what happens when there no longer is anywhere to run?I agree that the teeth have been removed from the very sources we look to for help. The only semblance of improvement in the nursing field seems to be in California with the state mandated nurse/patient ratios.Maybe they are on to something BIG.The teeth have been extracted not only from unions, but from professional nursing associations in our country. This means that employers can screw nurses over and there is no recourse. Period. My advice: learn the warning signs of a TOXIC UNIT. Test early and often. GET OUT OF DODGE if they test positive, and KEEP IT LIGHT... Do a good job, keep skills current, and remember that ALL INSTUTUTIONS have the SAME CACA. I am VERY OLD now and this is the sum of my experience. No one is going to hold your hand through your career. No patient wants to be cared for by a nurse who is suffering from the institutional abuse that should be blatantly apparent to you after your first 6 weeks on any job. Make your own job. Make your own life. Somebody gives you caca, tell them to stop it. If they don't -- then you decide ON THE SPOT to keep taking it, or to move along. Pick your battles. Don't rely on your bosses for "strokes" to your ego. Nurses eat their young. It's that simple.
Jan 21, '07How does one explain all those different employers on your resume when applying for a new job?
HEY GIRL -- Who is writing the resume?
Jan 21, '07ok - tongue totally in cheek here and no offense meant but...
it *IS* funny that someone who is encouraging others to just jump ship at the six week point and/or run from job to job has the screen name of "panhandler"
Jan 21, '07well I DO take offense.
I am not encouraging people to "run from job to job" and I am not encouraging people to "jump ship." You missed the point I was trying to make, to encourage others to take an objective rather than a subjective view of employment. Cheap shot, miss gauge14.
Jan 28, '07this is just a sample of what i mean about the california nurse assoc.
this letter is from their representing attorney.... isn't it nice to know our rights? i think we all need to read the fine print, read between the lines, and remember that the union is only as powerful as it's members.
another side note... the nlrb isn't real! there are no checks and balances between the union an nlrb, so if you think there is recourse against the union, it's not through the nlrb, but through state court!
when i filed a complaint against my union/rep with the nlrb, the nlrb contacted me and stated, "im surprised you didn't file a complaint against the employer", i said, "i didn't know i could"... so i did. wasn't she so sly... after filing my complaint against my employer with the nlrb, i was contacted again, and informed, "although you do raise several issues that would probably warrant an investigation, it wouldn't look good on you, for you to go to arbitration with a complaint against the union who's representing you... so here's what i"m gonna do... i'm gonna drop the case against the union, and defer the one to arbitration against the employer.
when i later contacted her, stating that i thought it was outrageous that she gave my charge against the employer over to the same union rep that i had filed a grievance against, she dismissed my concern, and stated, "well, the charge against the union is dropped, i'm not going back there." i informed her that i may file another complaint against the union, and she said that even if i did, she wouldn't take into account my past complaints, and i woudl have to come up with a whole new set of charges.
i contacted the dol, attny general, ocr, and they all stated the same, as did nlrb... there is no entity that oversee's the nlrb. so... they "babysit" the union, but who babysits them???
what a failure of the entire system... what in the world are we thinking we have protection if we have a union for when really... we're in the same boat as those who are nonunion members.. our only recourse is really suing them civally...
read on... this came directly from cna's attorney.... become enlightened.....
subject: re: friday meeting
from: (attorney for c n a) @calnurses.org
with respect to your question about your attorney, you have already been informed, in writing, as shown in the jan. e-mails from ** to you which you forwarded to me, that your attorney may not be present at the arbitration preparation meeting or at the arbitration.
the reason is that the collective bargaining agreement (“cba”) is between "hospital" and cna. as reflected in article 16 of the current cba, only the “parties” to the cba have rights under the grievance procedure. registered nurses represented by cna are third-party beneficiaries of the cba but have no direct rights as a party to the cba. as reflected in article 16.b, at step two of the grievance procedure, even for grievances between the rn and the employer, such as yours, a representative of cna meets with a representative of the employer to attempt to resolve the grievance. only a party to the cba and not an individual employee can refer a grievance to an impartial arbitrator for determination.
cna functions in an arbitration to advance the cause of the individual grievant while considering the impact of the case on the bargaining unit as a whole.
there’s no issue of your “waiving” your right to have an attorney at the arbitration because you do not have any such right to start with.
cna will continue to represent you with the same care and dedication with which we represent all the rns at sl and hundreds of other hospitals in california and in other states.
cna does not use attorneys for all the arbitrations; we do always use representatives who are skilled and proficient in conducting arbitrations
the types of settlement offers that cna might accept over your objection, there is no way to create a list of hypothetical offers. the critical fact is whether the settlement is “reasonable” in cna’s view.
binding arbitration means that there is no right to appeal the arbitrator’s decision to court. under certain very limited and narrow circumstances, a union or an employer may move to vacate an arbitration decision but disagreeing with it or having lost certainly is not a basis for petitioning to vacate. sometimes an employer will indicate that it does not intend to comply with a decision, despite the fact that there is no legal basis to do so) and in that case the union probably would file a court action to confirm the award.
basically the arbitrator orders a make whole remedy so that your compensation and benefits would be the same as if you had not been terminated. typically a grievant does not get compensated for time spent in grievance meetings or preparing for the arbitration or for costs expended in connection with the case.
california nurses association
national nurses organizing committee
2000 franklin street
oakland, ca 94612Last edit by NRSKarenRN on Jan 28, '07 : Reason: ediing names
Jan 28, '07Dear TNNurse,
The knife in the back goes right through the heart. The way I see it is that healthcare is a money-making business that has nothing to do with good patient care-- except in the instances that good patient care makes money. Get in a position to leave the life somebody else has made for you and go out on your own and provide the kind of care that you know you can provide. It may not be in a context where you will make a lot of money, but the reward of personal satisfaction is much greater. Good luck and God bless you.
Jan 28, '07That letter is one of the horrifying and sickening things I have ever read - and it reinforces my very strong dislike and my stance against unions.