More nurses urged to join class suit vs Sentosa | ABS-CBN News Online Beta
More nurses urged to join class suit vs Sentosa
Posted at 05/28/2010 4:56 PM | Updated as of 05/28/2010 4:56 PM
The former workers of Sentosa healthcare who won a civil case on Monday are asking more nurses to come forward.
A judge ruled that it was illegal for the former workers to pay Sentosa to terminate their contract.
Officials of the National Alliance of Filipino Concerns (NAFCON) are looking for health workers who paid Sentosa $25,000 to be released from their contracts.
Filipino nurses win round vs Sentosa in NY court - Yahoo! Philippines News
Filipino nurses win round vs Sentosa in NY court
CHICAGO - A group of Filipino health workers, accused of violating provisions of their contract, won a round against their employers in a New York City court.
In his ruling, New York Supreme Court Judge Stephen A. Bucaria did not let the 27 Filipino nurses and a physical therapist pay their employers the $25,000 "liquidated damages" for not complying with the provisions of the contract.
The judge denied the plaintiffs' ― Sentosa Care LLC and others ― motion for summary judgment.
The nurses allegedly violated the contract with their employers when they left their jobs without completing the three-year employment provision. The nurses claimed they did so after their employers, led by Sentosa Care, committed "multiple breaches of contract" against them.
However, the New York Supreme Court is a trial court while the Court of Appeals is the state's highest tribunal.
The employers allegedly failed to pay the nurses the proper night shift differentials, all hours worked, dental insurance, and malpractice insurance. The nurses also claimed that their employers failed to provide for their sick days, vacation days, and personal days, as well as adequate training.
Reduced work hours also deprived them the benefits of higher hourly wages, the nurses claimed.
Bucaria noted that "neither the employers, nor the nurses, have met their respective burdens." In this case of "'battle of the breaches, the parties have submitted conflicting affidavits and arguments to cast their adversary in the role of the primary contract offender."