Legal Question in Employment Law in California
Harrassment
I am a QA nurse employed for 29 yrs at state DDS facility responsible for monitoring the acute medical services for compliance to state/fed laws I review all deaths and began to see cases of gross negligence resulting in patient deaths We are obligated by state law to report and take corrective action Elevated my concerns but facility failed to take action I was told I did my job and now I need to let it go, but I can't. This has caused me a great deal of stress.Im obligated by my RN license to report moreso troubled by the blatant disregard for our patients.My manager has been harrassing me verbally with intimidating threatening offensive language openly disputing my findings during meetings with staff attacks my credibility embarrassing me, creating a hostile work environment.I have also been denied a upgrade. I reported events through proper chain of command and was placed off work for stress related to above events required to use my own leave credits since Aug 9. Was subjected to a 4 hour Psyc.evaluation to evaluate my stability after 29 years with perfect work performance. There has been no resoultion as if yet I feel as if I am being punished for doing my job.I fell I need to protect myself with legal assistance. ????
3 Answers from Attorneys
Re: Harrassment
I am very sorry to hear about your situation, it sounds horrible.
As you have noted, if you are reporting behavior which is in accordance with your legal duty in your position to report and failure to report would be in violation of your legal duties to do, then retaliating against you for complying with your duties is a violation of your rights. It appears that is the case, based on my very limited understanding of your situation.
It also appears you have complained to the appropriate parties. I am hopeful you have complained in writing. If you have not, I encourage you to confirm your verbal complaints in writing. An employer has a duty to investigate your complaints. The investigation should take some time. Based on your comments I cannot assess if the employer's investigation has been timely or not. I further cannot assess if the reaction has been appropriate because it does not seem they have taken any remedial action at this time.
Accordingly, appears there are some open issues which are awaiting your employer's response. I agree you are in need of legal assistance. It is best for you to attempt to find an attorney who specializes in employment law in your area (not necessarily your county but within your region).
Should you wish to discuss this matter further, you are welcome to contact our office or an attorney in your area.
Sincerely, Beth Mora
Re: Harrassment
Hostile work environment is a technical legal term, and difficult to prove. Simple management hostility and rudeness will not qualify. Other factors, such a the actual words and actions used, whether or not you belong to a union, and the adverse employment actions taken, must all be analyzed. If you wish further help, and a free consultation, please call my office number.
Best of luck,
Sergio Benavides
Re: Harrassment
Well, duh, yes you need to take action. If true, your allegations amount to illegal retaliation. You should have reported your facts directly to the state regulatory agency as well, that would have provided you more protection to date. It is not too late, do it. In order to stop the retaliation, if at all possible, you need to put the employer on notice of your situation. Feel free to contact me if interested in doing this right. You have a claim worth pursuing.
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