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Tuesday, February 4, 2014

Workplace Personal Harrassment: Unfair but Not Illegal



CHS Employee story From:  http://www.justanswer.com/employment-law/3wfle-employeed-carolinas-healthcare-system-rn.html

Customer Question  (from 2011)

I was employeed for the Carolinas Healthcare System as a RN but was terminated by a fellow employee who was promoted to charge nurse. This charge nurse has harrassed me, wrote me up on several occasions, stating lies. All my write ups had NOTHING to do w/ patient care. I strongly feel I was wrongly terminated, I also can prove that this charge nurse and manager have violated policies within the system with no repercussion to them. I am currently fighting this through HR. Patient safety issues have been violated w/ no repercussion. We have had an employee who carried on sexual relations w/ a physician in our dept. w/ no repercussions to her. There is so much going on but HR I feel is not listening. I have been a RN in a critical care field since 1994 and have NEVER had this many problems as I have had w/ this fellow employee who then was promoted to charge nurse. Is there anything else I can do to get my job back and have those who actually violate policies be held accountable?
Submitted: 3 years ago.
Category: Employment Law


Expert:  Allen M., Esq. replied 3 years ago.
Chat Conversation Started
Jagcorps_esq :
Unless you can show that the harassment was based on race, religion, gender, age, disability or FMLA use, it is unlikely that you will get your job back,.
Jagcorps_esq :
Now, that does not mean that you have no potential claim.
Jagcorps_esq :
It's just that the remedy the court may consider would not be reinstatement, but rather, monetary damages.
Jagcorps_esq :
Your claim would breach of an implied contract as created by the company policy.
Customer :
the harassment is on a personal level. She has abused her 'NEW" title and even in some of the write ups, she falsified her statements. It just doesnt seem fair that this could be allowed to happen. I even asked to be transfered out of that dept 2 weeks before they fired me.
Jagcorps_esq :
Regrettably, personal harassment of that type is not made illegal by external la3w.
Jagcorps_esq :
law.
Jagcorps_esq :
You will have to rely on company policy on that issue.
Jagcorps_esq :
Now, you can sue her personally for defamation of character.
Jagcorps_esq :
If she made false statements against you, you can show the harm they have caused.
Jagcorps_esq :
But your recourse against the company is going to be controlled by their policies and an implied contractual claim.
Customer :
I now of a RN who sedated a pt, left dept completely to get a milkshake from her husband and the pt went into resp distress...BIG safetyissue and once a pt is chemically sedated, a nurse is NOT to leave pt.....this RN should have been terminated but nothing happened to her
Jagcorps_esq :
Ok. That is another issue entirely. Unless you can show that that person was kept and you were fired based on an illegal motivation like the ones I previously mentioned, it doesn't help you much.
Jagcorps_esq :
I can be used as just another example of how they did not follow their policy, breaching it.
Customer :
what kind of lawyer can i use for defamation of character, and i know for a fact that policies have not been followed...i do have documentation.
Jagcorps_esq :
An employment law attorney for the policy violations.
Jagcorps_esq :
A personal injury attorney for the defamation.
Jagcorps_esq :
A plaintiff's employment law attorney though can most likely handle both issues.

****To read the entire chat discussion, please click on link at the start of this article.****

This is yet another Carolinas Healthcare System employee story with similarities to my story with CHS.
1) I also asked for a transfer to another department prior to being laid off since my employment relations were not improving under the new management.
2) I have witnessed people contributing reckless information and hearsay to reports as if it was factual.
3) In addition, I felt that CHS Human Resources does not listen to their non-management employees.
4) I have also experienced workplace aggression to the point that I had to report the tension to Human Resources, and they apparently passed the message on to management to cease the gossip, the head turning, the eye rolling, the stares,  and the bullying.   I am proud to say that "CHS Human Resources" did make a positive impact in my situation when it came to workplace aggression.  Considering I had previously concluded that CHS Human Resources personnel were only good at "collecting their paychecks," this is indeed a compliment coming from me.
As an advocate against workplace discrimination, I will continue to help others by increasing awareness of unfair workplace and/or employment discrimination cases.

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