What is the name of your state -California I am an RN and was working part time in a hospital that employed 99% filipino nurses, Although we have clear policies about english being spoken in the patient care areas, the foreign trained nurses have refused to do so. They have repeatedly called me the "white nurse". They give me worst assignments with no help. They have gone as far as to send me threatening and obscene emails to my home. They tell me over and over that because I have a disability that I should have never been given a job. I have gone to my supervisor about the problem, but it has done no good as she is part of the problem. She guilted me inot giving her money at Xmas or I felt I would be fired. After several weeks, I finally most of it back. When I complained about them speaking a foreign langange in front of me and the patients, they told me to buy a copy of "rosetta stone" The problem has become so bad, that I was even physically attacked one night. No one seems to care , because they are all from the same country and stick together. My doctor put me on medical leave for stress due to what he calls a hostile work envirnment. Is this a case for a lawyer? I just want to go back to work. But, I dont want to go back to the constant harrassment , nasty emails, no lunch breaks... yes.. they make sure I never got a lunch break. What are my choices? I am almost out of sick time I saved every bit of documentation since the harrassment started, this is not of case of he said-she said. .... Help me please!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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Hostile work place!!!!!!!!!
- Thread starter RNKarenER
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When you called the police about your physical assault, what did they say?
When you went to your supervisor's supervisor, what did he/she say?
Do not quit your job. You may actually have a case, but your chances of winning drop dramatically if you quit.
Contact the EEOC if and only if you have already given your company a chance to fix this issue.
When you went to your supervisor's supervisor, what did he/she say?
Do not quit your job. You may actually have a case, but your chances of winning drop dramatically if you quit.
Contact the EEOC if and only if you have already given your company a chance to fix this issue.
yikes
I could not call the police. It was in front of a patient, the nurses aid grabbed me by the arm and twisted it. I have gone to my supervisor and have it documented each time. She is part of the problem. When I started bringing her the nasty emails I was getting.. which they all signed and are on company email addresses.. she said I should laugh it off. ( the first one was a image of a large penis) She can laugh... I am off work! I just want to my job back... But my doctor says it is to toxic for my health. Any advice?
I could not call the police. It was in front of a patient, the nurses aid grabbed me by the arm and twisted it. I have gone to my supervisor and have it documented each time. She is part of the problem. When I started bringing her the nasty emails I was getting.. which they all signed and are on company email addresses.. she said I should laugh it off. ( the first one was a image of a large penis) She can laugh... I am off work! I just want to my job back... But my doctor says it is to toxic for my health. Any advice?
Why does being in front of a patient negate the ability to call the police if assaulted?
Then, again, contact the EEOC.
It is a sensitive subject
I was trying to maintain a measure of professionalism at the same time , making sure the patient didnt think he was in a nut house. I excused myself and right to my boss. She stated she would handle this. I have been a nurse for 30 years, I have never had to call the police on a co-worker. Lets say, I was taken by surprise. The thought of actually doing that just didnt occur to me at the time. I had my blinders on thinking that I had a boss who would yank this guy off the floor that minute... but, it didn't happen. And the harrassing only got worse. The were bold enough to send me the porn emails and signed them to my home.. how they got my email address is still unknown . Does any of this illegal? I mean, Does it sound like something I need a lawyer for?
I was trying to maintain a measure of professionalism at the same time , making sure the patient didnt think he was in a nut house. I excused myself and right to my boss. She stated she would handle this. I have been a nurse for 30 years, I have never had to call the police on a co-worker. Lets say, I was taken by surprise. The thought of actually doing that just didnt occur to me at the time. I had my blinders on thinking that I had a boss who would yank this guy off the floor that minute... but, it didn't happen. And the harrassing only got worse. The were bold enough to send me the porn emails and signed them to my home.. how they got my email address is still unknown . Does any of this illegal? I mean, Does it sound like something I need a lawyer for?
W
Willlyjo
Guest
When you had your arm twisted, did you need medical attention? Do you still have pain from it? If so, get treated under workers comp.
As far as quitting, if you can handle it, might be better not to. However, due to the harrassment and obvious hostile work environment, if you quit because it is way too stressful, you might have a Wrongful Termination for contructive discharge.
As others have advised, you should definitely file with the EEOC and seek out one of the many attorneys well-versed in such labor law regarding your circumstances.
The filing of an EEOC complaint is not a matter of public record.
Yes, they will investigate, and it can take many months, but the EEOC takes very few individual cases to actually litigate themselves. If anything, you will most likely get a "right to sue" letter, at which time you have only 90 days to file a civil action. You should get the advise of an attorney to see how good you case would be if it comes to that.
Yes, they will investigate, and it can take many months, but the EEOC takes very few individual cases to actually litigate themselves. If anything, you will most likely get a "right to sue" letter, at which time you have only 90 days to file a civil action. You should get the advise of an attorney to see how good you case would be if it comes to that.
commentator
Senior Member
And please ignore the statement about "constructive discharge and having a wrongful termination case" because this is not the case.
If you quit your job due to the working conditions, you might be able to draw unemployment insurance because you quit your job due to a work related reason, after trying to give your supervisor the chance to correct the conditions. I agree with the person who tells you to talk to the supervisor's supervisor before you quit. I would also print out the emails, then close this account.
EEOC is the venue where you would legitimately file a complaint about a hostile working environment due to your being discriminated against because you were not of the same ethnic group as the other nurses. They would review the situation and decide if there was compelling evidence of discrimination, and issue you a "right to sue" letter. This will take quite a while, whether you have already quit the job or not. You would still need an employment attorney to pursue a case against the hospital for this discrimination.
No, there is not a central file somewhere of potential problem employees who have filed complaints against their employers. So filing a complaint with the EEOC is not going to permanently black mark your career. But you can't just sit around and talk about how bad you've been treated and wish you had your job back with no problems, and not file anything and not take any action, and then expect the "bureau of fairness" to fix things for you. Because there's not one.
If you quit your job due to the working conditions, you might be able to draw unemployment insurance because you quit your job due to a work related reason, after trying to give your supervisor the chance to correct the conditions. I agree with the person who tells you to talk to the supervisor's supervisor before you quit. I would also print out the emails, then close this account.
EEOC is the venue where you would legitimately file a complaint about a hostile working environment due to your being discriminated against because you were not of the same ethnic group as the other nurses. They would review the situation and decide if there was compelling evidence of discrimination, and issue you a "right to sue" letter. This will take quite a while, whether you have already quit the job or not. You would still need an employment attorney to pursue a case against the hospital for this discrimination.
No, there is not a central file somewhere of potential problem employees who have filed complaints against their employers. So filing a complaint with the EEOC is not going to permanently black mark your career. But you can't just sit around and talk about how bad you've been treated and wish you had your job back with no problems, and not file anything and not take any action, and then expect the "bureau of fairness" to fix things for you. Because there's not one.
Since your supervisor has not solved the problems that are occurring, you first need to speak to someone in Human Resources and tell them you are being harassed and explain to him or her what exactly has been taking place. If the problems are not resolved after that, THEN contact the federal EEOC and file a complaint of race/national origin discrimination.
thanks
thanks for the advice, I have the forms filled out for the EEOC and ready to be mailed. I have given the Human resources dept every chance to make this right with no results, in fact, the one HR lady who was trying to assist me was fired.... and I have no idea why. I figure enough is enough. Thank you again. The advice is much appreciated. I did contact a lawyer who advised me that there was a a huge amount of evidence in my favor but he advised me to file with the state first and obtain a right to sue notice first. hmmmmmm... not sure if I understand that mode of thinking. But, then again, I am not a lawyer.
thanks for the advice, I have the forms filled out for the EEOC and ready to be mailed. I have given the Human resources dept every chance to make this right with no results, in fact, the one HR lady who was trying to assist me was fired.... and I have no idea why. I figure enough is enough. Thank you again. The advice is much appreciated. I did contact a lawyer who advised me that there was a a huge amount of evidence in my favor but he advised me to file with the state first and obtain a right to sue notice first. hmmmmmm... not sure if I understand that mode of thinking. But, then again, I am not a lawyer.
A lawyer consulted with you on a Saturday and said that you have a "huge amount of evidence in your favor"? But wasn't able to explain so that you could understand it why it is that you need to go through the EEOC process before filing a lawsuit? hmm.
I'm sorry if this sounds snide, but I'd recommend that you consult with a real employment law attorney who can give you a realistic perspective on your claim, your damages, and explain the legal process of employment law cases to you.
eerelations
Senior Member
Agree. I find it very hard to believe that 99% of your coworkers would all together engage in this kind of hostile, violent, illegal and unprofessional behaviour towards you, with management's blessing yet, and that the only HR person willing to help you was fired. In addition, while I do know there are a lot of Filipino nurses working in North America, there are certainly not any North American hospitals where the nursing staff are 99% Filipino (except maybe in the Phillipines, of course). Finally, what does "foreign trained" have to do with anything? Your issue is about language not training, right?
There's either a lot more to this story, or a lot less (meaning it's entirely made up).
There's either a lot more to this story, or a lot less (meaning it's entirely made up).
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Made up?
I wish, it was, the language was just the start. Spend all night in an atmosphere where you do not understand the language and see how it feels. You are powerless to do anything about it as the supervisers are all from the same country. Whom do you complain too? And when you do complain, it only makes the problem worse. I took a picture of the assignment board one day and brought it to the boss to show her he inequality of the assignments, that is, I had 5 patients and the rest of the staff had 2 patients a piece. This was not fair! I have been slowly beat down by this institution with no relief in site. And I certainly did not imagine the pornagraphic emails that were sent to my home that they all were stupied enough to sign! A mob mentality can often believe they are untouchable as these folks think they are. This time, I am not going to back down.
I wish, it was, the language was just the start. Spend all night in an atmosphere where you do not understand the language and see how it feels. You are powerless to do anything about it as the supervisers are all from the same country. Whom do you complain too? And when you do complain, it only makes the problem worse. I took a picture of the assignment board one day and brought it to the boss to show her he inequality of the assignments, that is, I had 5 patients and the rest of the staff had 2 patients a piece. This was not fair! I have been slowly beat down by this institution with no relief in site. And I certainly did not imagine the pornagraphic emails that were sent to my home that they all were stupied enough to sign! A mob mentality can often believe they are untouchable as these folks think they are. This time, I am not going to back down.