Terminated whistle-blower nurse reinstated!

Nurses Activism

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Specializes in Critical care, tele, Medical-Surgical.

Whistle-blowing nurse sues Rideout

... Rachel Mendoza alleged in her suit "she was not a helpless nurse under the control of heartless administrators, managers and supervisors because the state of California took violations of safety and health care seriously and would stand up for her rights to demand safe working conditions and proper care and treatment of patients under her care."...

... The suit, filed last week in Yuba County Superior Court, said Mendoza called the state Department of Public Health in June 2011 with her concerns.The state agency sent an investigator to Rideout in January 2012. The investigator visited the hospital once a week for two months.

Rideout retaliated against Mendoza, the suit said, "falsely accusing her of being rude to co-employees."

In May 2012, the state agency sent a letter to Mendoza outlining its findings and substantiating her complaints.

The 18-page report, which was attached to the suit, focused on staffing levels in "telemetry units," or those areas which offer cardiac monitoring...

... After she received the state report, Mendoza tried to show it to another nurse while both stood outside of the hospital.

Mendoza's boss, Chief Nursing Officer Theresa Grassau, "snuck up from behind and physically pushed herself between them, asking, 'What are you looking at?'"

Grassau then grabbed Mendoza's arm, bruising it, snatched the report out of her hand and retreated into the hospital, the suit said.

Mendoza "reported the robbery to the police that same evening," the suit said. No criminal charges were filed.

In July 2012, the hospital fired Mendoza, the suit said.

The California Nurses Association filed a grievance on Mendoza's behalf with the National Labor Relations Board. Last November, an arbitrator sided with Mendoza and ordered her reinstatement, according to a copy of the arbitrator's decision attached to the lawsuit....

... Mendoza was reinstated in February, the suit said, but she did not receive credit for the benefits she had accrued over 13 years...

http://www.appeal-democrat.com/news/whistle-blowing-nurse-sues-rideout/article_daff8ba8-e17a-11e3-a6de-0017a43b2370.html

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I always wonder about reinstatements like this, how are they treated when they return? I hope conditions are better this time.

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Wow, what a brave nurse! I also wonder what the conditions will be like for her. I don't know that I'd want to return to the same facility that I turned in to the state. I can't imagine how uncomfortable it is for her there.

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Specializes in Pediatrics, Emergency, Trauma.

I hope all goes well for this nurse, whatever her future holds. :yes:

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You did a good job. Well, best of luck in your career. I hope everything's fine.

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Specializes in Hospice / Psych / RNAC.

I was hired back in a similar situation and I am here to tell you that I never should have went back. They retaliated against me and eventually had me terminated. I am currently in court with them after filing with the EEOC. The problem is these state facilities enjoy the same sovereign immunity that feds get. An individual can't sue the state or federal under ADA title 1 according to our constitution. There are cases that are successful, but not many...scary. I am Pro Se; but I'm not giving up!

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Specializes in Critical care, tele, Medical-Surgical.
I was hired back in a similar situation and I am here to tell you that I never should have went back. They retaliated against me and eventually had me terminated. I am currently in court with them after filing with the EEOC. The problem is these state facilities enjoy the same sovereign immunity that feds get. An individual can't sue the state or federal under ADA title 1 according to our constitution. There are cases that are successful, but not many...scary. I am Pro Se; but I'm not giving up!
tyvin: I wish you success.
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Specializes in ICU, CM, Geriatrics, Management.

Mendoza needs to be made whole... not just reinstated back into her old job.

That's not justice or fairness, IMO.

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Specializes in Critical care, tele, Medical-Surgical.
Mendoza needs to be made whole... not just reinstated back into her old job.

That's not justice or fairness, IMO.

That is why her union is suing. I think they will win because that is what the arbitrator ordered.
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Specializes in ICU, CM, Geriatrics, Management.

Thanks, Herring!

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