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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6993
Experience:  Significant experience in all areas of employment law.
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I have a big harrasment complaint open with my company but

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I have a big harrasment complaint open with my company but a part of it was do yu know what the laws are in California about the owner sending me (an employee) medication in the mail because the health insurance was lagging and I had a bad infection. I just received a plastic bag of Cipro with his hand written instructions on his company paper. Since filing the complaint, no one will respond to my emails etc.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. I am very sorry to hear about this harassment.

I am a bit unclear as to your specific question at the moment. Would you be so kind as to provide some clarification?

What is it that you would like to know?

I very much look forward to helping you on this matter.
Customer: replied 1 year ago.



· What exactly happened that made the work environment, “hostile”? Many things have happened since I became employed with PulmoCare, some I chose to overlook until the abuse became unbearable and also very inappropriate.



· When and where did the incident(s) occur? Be specific: Dates & times: July 15th my Health Insurance was suppose to be in place, was told the week before by HR that it wasn’t going to happen so I spoke to Mr. Gingles about this and that I had a bad infection from a prior surgery and a couple days later, I received in the mail, a plastic baggy filled with some pills with a paper written in Mr. Gingles handwriting with instructions on how to take the medication. Mr. Gingles is not a doctor. I did not take this medicine, but have held onto it as evidence. July 16th I was buckled over in pain, contacted HR on July 17th and they put a RUSH into get my health insurance in place. Got into see doctor, was diagnosed with a severe infection from my cancer surgery. Mr. Gingles was in transit from So. Cal to Nor Cal to work on facility for upcoming fire inspection. I contacted Mr. Gingles requesting him to stay at a Hotel as I needed my bedroom as I was very sick. My Gingles lied to me and said there was some sort of conference in San Francisco and he could not find a Hotel and asked me if he should pick up a bow up bed. I own a blow up bed, so I blew it up (while being ill) and went to bed. Mr. Gingles arrived very late awakening me as I had to leave my door unlocked for him to get in. Came into my bedroom to chat in his tiny underwear which I txt him about never to do again. The following morning on July 18th Mr. Gingles got up to shower and went and got food and then as he was leaving to go to the facility, shouted, “ Hurry up and get in the shower and meet me at the facility” and slammed my front door before I could respond. So, I laid there and rested for a while as was very sick from the strong antibiotics. I finally realized I would never be able to have enough energy to work that day so I called Mr. Gingles from my cell phone next to my bed and he would not answer my call. A little while later, he called me back on my home phone, knowing this would require me to get out of bed to answer the phone and said, “ Hi, I am returning your call, how can I help you?” I said, “Bruce, I will not be able to make it in.” He said, Well, whatever.” And hung up on me. I later txt him and said I did not deserve to be hung up on and he sent me a 6 page txt about my nasty attitude when we had a phone call that lasted less than 30 seconds. Then when he came back from the facility he apparently now had no problem finding a Hotel and loaded up his car and started yelling at me about how the medication I am on was affecting my brain. I was on flagyl, which in no way alters a person’s ability to think or reason. I once again sent him a txt after he left to be sure there was a paper trail for you all to have. He then called me and started screaming at me after work hours about my attitude and to this day I am extremely baffled as I am always professional. If I ever feel I am out of line I will always step forward and apologize.


7-25-2013 3:02AM someone from PulmoCare logged onto my personal computer and was on for approximately 15 minutes. The logmein was only to be used if I had to have something fixed on my computer. I have printed the report and uninstalled the program so no one can have access to my personal computer. He also brought a 9mm gun into my home and that really freaked me out. I asked him to put it away and he kept playing with it.


· Is this the same incident that was investigated previously or a continuation of such? N/A


· Can any witness be identified? Just Forwarded emails to Gabriela Ortiz


· Is there any other evidence of the incident occurring?



· Are you aware of any other employees that may have experienced the same or similar situation? On July 19th while working with Mr. Gingles at the facility I overheard him screaming at numerous employees on the phone put cannot verify who they were.



· Was there a specific reason for the hostility? (i.e retaliation, ect) Prior to me asking Mr. Gingles not to stay at my home, he was buying my lavish dinners and lovely expensive gifts and that all stopped and the mean abuse began, so I know that he now knew he was not going to be getting anywhere with me physically. Mr. Gingles made very inappropriate remarks on the night of July 17th as my infection was from Cervical Cancer. He said, “ I guess there won’t be any oral tonight.” I have NEVER been intimate with Mr. Gingles.


· How were you and your work affected by this situation? Since July 17th I have been a complete emotional mess, I have lost 10 pounds, am unable to eat. I spent my whole savings to relocate here and now I do not know what my future holds for me as I can not be treated with such disrespect and cruelty.


· Did you discuss incident with anyone else? Yes as I needed moral support but they wish to remain anonymous



· What is your desired result? I want to work in an environment where I can trust the integrity of the company I work for but Mr. Gingles has a way of twisting things around and I know this because my family knew him and warned me but I was naïve and assured them he had changed and now I am in a situation I never dreamed I would be in.



· I also have all the txt messages in my gmail account as well as saved in my phone verifying this information that I can forward. In my email, they are all broken up so if Gabriela wants the messages forwarded to her phone, I am willing to do so. There are a lot of them.




*Retaliation will not be tolerated! We will follow up after investigation.


* Keep the incident and & contents of our discussion confidential as to not impede the investigation.


Expert:  Patrick, Esq. replied 1 year ago.
Heidi,

Thank you for your reply. However, this really does not narrow down the issue for me.

Can you please state as concisely as posssible what specific legal question you would like me to answer?

I really want to help you, but I just don't know where to begin with what you have provided so far.

Thank you very much.
Customer: replied 1 year ago.

I asked very clearly in my first message what the laws are in California when (let's make it easier) your boss sends you medication in the mail with instructions because the health insurance did not come through on the date I was promised. He sent me prescription medication with instruction on how to take it. I did not take it but reported this to HR along with many other issues as you saw. I have heard that this is a felony in California and was wondering if you are aware if this is true?

Expert:  Patrick, Esq. replied 1 year ago.
Heidi,

Thank you very much for your additional clarification. I apologize for my confusion.

To address your queston about the legality of your employer's conduct, prescription drugs are considered "controlled substances" under the federal Food, Drug, and Cosmetic Act. The CDCA provides that the only legal way to access prescription drugs is to have a doctor's prescription. Specifically, 21 USC Code Section 829 provides:

"No controlled substance in schedule II, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), may be dispensed without the written prescription of a practitioner."

Thus, you are correct in your assessment that you employer may have committed a serious criminal offense by taking the initiative to send you prescription medicine without a license to dispense such drugs.

If I can provide any clarification or elaborate further on the above, just let me know.

Very best wishes.
Customer: replied 1 year ago.

I relocated to Northern Cal for this position. Are you able to refer any San Fran Bay Area Attorney's that are reputable? Your help would be appreciated if you are able to do so.


Heidi

Expert:  Patrick, Esq. replied 1 year ago.
Thank you again for your reply. Unfortunately, the rules of this site prohibit me from referring specific attorneys. However, for attorney referrals I would recommend Avvo, which provides attorney ratings along with basic background checks for San Francisco area employment law attorneys. See here: http://www.avvo.com/employment-labor-lawyer/ca/san_francisco.html

You may also want to check out the Bar Association of San Francisco's lawyer referral program here: http://www.sfbar.org/lawyerreferrals/

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Best wishes moving forward.
Patrick, Esq., Lawyer
Satisfied Customers: 6993
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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