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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36117
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was put on paid administration leave and told that I would

Customer Question

I was put on paid administration leave and told that I would be put into another position within the organization for my own protection. I have been in the position for 14 months. I am a Registered Nurse working as a Clinical Practice Supervisor in a Family Practice medical office, however the practice is owned by a large hospital. I have had issues with a provider and his medical assistant for being abusive and hostile. I have multiple incidents documented and HR and the Medical Director are aware. This provider is known for being difficult and disruptive in other professional settings. Before this happened, I was actively looking for another position. My problem is that they handed me a correction action plan. Basically with accusations stating that I made the medical assistants like I was better than them, looked for things they did wrong, reprimanded for multiple issues. I know exactly how many times I have had to do a formal reprimand in that clinic. I did do real time teaching for issues that occurred but never was unkind. This clinic had absolutely no accountability before me. We have not had a Practice Manager for the majority of the time I was there so I did most of that job along with the compliance and regulatory part. I did not sign the corrective action plan, and plan on writing a response to each accusation with an example of how I handle those situations. They also said that I can say anything I want in an email to the staff about my departure. I am assuming other than I am no longer in this position because HR feels I need protection from a hostile work environment. I am obviously upset and just need another perspective. Sorry for poor grammar and spelling is any. I am exhausted from lack of sleep since this happen yesterday. Thank you!
JA: Thanks. Can you give me any more details about your issue?
Customer: I think that is the list of things. I know for fact that the Front office supervisor feels that I have been fair and moral. Should I just see what kind of position they offer me? I want the corrective action plan removed from my file because the accusations are unfounded. If doing a corrective action/discipline plan, HR was present. If it was teaching, Front office supervisor was there because we tagged teamed all of the Practice Manager duties that fell on us since we did not have one. I'm frustrated. Their statements that they need to protect me bothers me too. I wish I would have recorded the conversation and will in the next meetings I have with HR. By the way I live in Cheyenne, Wyoming.
JA: OK got it. Last thing — California Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 30 years and I have handled dozens of employment law related cases---only for employees with claims against employers. I have also represented nurses in actions against hospitals and nursing facilities on many occasions, and my wife is a nurse, so I understand how the health care employment situation is.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal additional charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What specifically do you want to know or discuss. You have raised multiple issues and I'm not sure where to begin or what you are looking to accomplish.

2. Why were you originally placed on administrative leave?

3. What are the terms of the recent correction action plan?

4. What do you mean when you write "This clinic had absolutely no accountability before me"?

Thanks in advance,

Doug

Customer: replied 1 year ago.
I had been doing two positions. My official position was the Clinical Practice Supervisor. I was responsible for compliance and regulatory readiness and oversaw the clinical staff and day to day staffing needs.I also was unofficially doing the Practice Manager duties which included disciplinary actions, position recruitment and discharging employees as necessary, Two weeks ago Administration hired a Practice Manager. I sat in on the interview but did not recommend her for hire because she had prior history with two employees in a supervisory role. I was concerned that it would be a conflict of interest. It has. There was no accountability in the clinic before me because the Practice Manger that was there when I was hired was spread too thin between five clinics. He eventually resigned and the position was not filled until two weeks ago, The clinical staff did what ever they wanted. We had mean girls bullying others, abuse talk to others, people not charting or taking medications out of the medication room for personal use. I began enforcing organization policies that were already in placed but not followed. It has been a long haul. There is still much to be done but the sheer crazy and lack of accountability is better. My written correction says that the MA's feel that I am better than they are, I frequently reprimand them and are always looking for things that they do wrong and have favorites. I am responsible for knowing about things not done correctly. Medication errors, inappropriate care and patient safety is my business. I was not unkind. I always addressed things professionally with the "why" we do things a certain way and followed up with education. The new practice Manager does not know my role and is not clinical. She stated that I was not doing my job. I have been training her and going to meetings with her to support her into her new role. I know that I am not the most popular person in the office. I expect things to be done safely and be Patient centered. Her opinion is based on what others have told her. I have never had a written or verbal on my record. What I want is that this verbal be removed from my file because it is unfounded.The correction form said that I am not a good fit for this position and clinic due to the multiple complaints.
Expert:  LawTalk replied 1 year ago.

Are you interested in the call? Quite frankly, your situation is poorly suited to resolve in this written forum as it is so incredibly complex.

Expert:  LawTalk replied 1 year ago.

If you do not want a call, I am going to have to ask you to ask very specific questions, because what you have provided is a story---a set of facts if you will---and I do not know what you need to know or what you are trying to accomplish unless you ask specific questions.

Doug

Customer: replied 1 year ago.
What can I do to get the written corrective action out of my personal file? Claim defamation of character because it is unfounded? The mere fact that they said that they are putting me on paid Admin Leave for my protection makes me wonder if they are worried I am going to file a hostile work environment because of all the communication I have had stating the issues and problems without any resolution. I am up in the mountains and my telephone service is poor or I would just call. Perhaps when I get back home, we can talk but I was just wanting a little insight.
Expert:  LawTalk replied 1 year ago.

Hi,

You asked: What can I do to get the written corrective action out of my personal file? You can ask that it be removed. However, there is no legal avenue to force the comment to be removed.

If you have been defamed, you may sue for that---but that will NOT get it out of your personnel file.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally,damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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