Possible lawsuit from a new grad I was only trying to help

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Hi,

I am an LVN and have worked in skilled rehab facilities for almost 5 years. I love it and lets be honest 40 patients is not for most nurses. We have a new grad from india who claims to have experience in her country but its questionable when she gives care. I have tried to help her and have been very forward with her but she is dense and not receptive. Well now she has hired a lawyer and is claiming harassment. What do I do and how do i interact with her at work?

Specializes in ICU, LTACH, Internal Medicine.

It only depends how hard it is going and for how long. If you for some reason locked into that particular job and it all goes on and on, then it will be only question of time and circumstances.

There is common misconception among recent immigrants that in the America The Land of The Freedom everyone can sue everyone else for everything under blue sky. They really think it is simple thing to get big moneys this way, and there are hordes of hungry lawyers who are always ready to jump a wagon. On the other hand, if there were at least some circumstances we do not know about, then discrimination by national origin is still illegal under the Law of the Land. Poor naive foreigner coming to build her Great American Dream vs. The Evil Anti Immigrant co-worker is going to be a good show in the court, whether the another nurse stays on visa or not.

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Specializes in Psych, Addictions, SOL (Student of Life).

Just because someone files a lawsuit against you doesn't mean they have a case. Have you been served with a notice of legal action. If you have you need to let your supervisor know immediatly so that you are not working together.

You might want to reflect on your behavior to see if anything you said or did or the tone you used indicated you let her know she was dense? That might be considered harrassment in her eyes. But claiming harrassment and proving harrassment are two different things. Do you have professional that covers legal represention? They may be able to advise you.

Hppy

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Be careful OP, if you are an LPN, in most states you can not clinically direct an RN. And I am sure "someone" informed said nurse of this. And look at your scope/practice act on the BON website for your state. I am quite sure your facility is aware of all of this, however, perhaps is attempting to get away with it. IF this is a person has a "BSN" from India, but could not get an RN here in the states due to an inability to pass the NCLEX in this country, most will come as LPN's. And they are NOT pleased about that. So it sets up a rather nasty dynamic to begin with.

And the travel "passport" companies who import foreign nurses promise the sun, moon, stars and a green card. And I have no idea what the thought process is in if one can't pass the NCLEX in a certain timeframe, and what that means for their future here in the states. So they panic. And bring with it a "harassment" situation--as they see it as harassment as opposed to a language/culture/practice issue. Ah, America, the land of the rights and the sue happy.

Any number of foreign nurses that have practical NP jobs in their own country come to the land of the good and plenty thinking that they will be in the ICU and an MD's right hand tomorrow. The reality is quite different. And it is taken out on every single nurse that has the "honor" of precepting/mentoring foreign, imported nurses. The facilities make out as they can be paid minimum wage, and that is still more than they can make in their countries, and they get some "diversity" points--which seems to be the new catchphrase de jour.

I would contact your malpractice carrier, if you have a union have discussion with them.

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Specializes in HH, Peds, Rehab, Clinical.

Long time reader, first time poster? My hackles are raised....

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Specializes in Hospice.

I am curious, has the lawsuit been filed against you personally, OP, or against the facility?

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Specializes in PDN; Burn; Phone triage.
The facilities make out as they can be paid minimum wage, and that is still more than they can make in their countries,

That's actually really, really illegal and if it IS happening needs to be reported.

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Specializes in Critical Care, Education.

Very odd situation. In my experience, when actual 'harassment' occurs, the legal action is directed toward the employer, who is responsible for maintaining and regulating the workplace.... and they're the ones with deep enough pockets to pay any judgment. Why in the world would anyone 'sue' a co-worker.... especially one who is undoubtedly not wealthy enough to discharge a financial judgement? And why is the employer allowing a supposed 'harasser' to continue working alongside the 'victim'? That situation would indicate (at the very least) corporate negligence/malfeasance.

Something just doesn't sound right.

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Specializes in ICU, LTACH, Internal Medicine.

dirtyhippiegirl,

It is perfectly legal. Not legal is to pay someone below the State minimum wage while this person is here in the USA, whether on visa of some type or not. It is also illegal to pay worker less than other (s) because his visa status.

Both things are practiced widely and almost never got reported. Otherwise, many places in California and many others would look very differently :roflmao:

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Specializes in ICU, LTACH, Internal Medicine.

HouTx,

If there would be just ONE successful lawsuit directed personally against the nurse who actually ate his young badly enough and, also personally, against the nurse manager who allowed it, then, whether those two got just hefty fine or mark onto their licenses, the NETY problem would disappear in that particular place for a looong time.

People sue hospitals because they do what their lawyers tell them to do, and the lawyers wanna moneys, which they wouldn't get from an RN making decent middle class wage as the very best. Although, NETY, rasism, ethnic discrimination and other similar evils do not happen in CEO office. They happen in breakrooms, lockers, patient's rooms, and they happen because they are allowed to happen, because the people who do that are assured that they and their licenses are safe from any punishment. THAT must change. I do not think that suing these people personally is the best way. Boards exist to protect public from health care workers whose moral standards are so low that they can despise and humiliate another human being just for "being different" from themselves. But it is definitely a step to the right direction if (a very big IF) something really happened between OP and that another nurse. Otherwise, it is just another frivolous lawsuit and is heading to waste basket already.

BTW, how many cases did you personally observe when anyone of administration ever noticed lateral violence and moved his finger to stop it? If it were so, the problems I noted above wouldn't exist. The bosses usually happily observe the circus and have fun of their lives before discarding the victim as "not a good fit for the unit".

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Specializes in Psych ICU, addictions.
I didn't realize this was something one could sue another person over. Weird.

In this society, anyone can sue anyone for anything. Now whether they have a case that won't get tossed out of court is another matter...

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Specializes in Psych ICU, addictions.

OP: everyone has already given you great advice. The two pieces I would definitely stress again is for you to consult with an attorney (call your malpractice carrier or look in the phone book), and do not interact with her unless witnessed by your superior or other coworkers.

Best of luck.

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Specializes in HH, Peds, Rehab, Clinical.

Yep, hackles. I smell yet another troll

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