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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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I am an LPN at Kindred healthcare. There have been documented

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I am an LPN at Kindred healthcare. There have been documented ongoing problems with a CNA and her work performance. As her supervisor, I put her on another unit to work. She refused. The situation escalated to where she was going to hit me. 2 other CNAs had to stop her and pull her off the unit. She called the boss and did not have to leave. The next day, I had to go to a meeting with her - apparently the goal was to achieve civility in the workplace. It didn't work and this CNA became irate and again tried to hit me but my boss intervened. I do not feel safe there. My boss is mad at me and I fear she is going to set me up because the CNA has went to corporate and called NAACP. I am supposed to go to work this weekend but don't want to - I could not focus on my work worrying for my personal safety. The building is not locked on nighgt shift. I want to transfer to another facility. The protocol is that we can't transfer until we are replaced and they give an ok. What can I do so that I don't lose my benefits and remain in good standing with company? I don't feel I was in the wrong here.
Submitted: 1 year ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, thanks for your inquiry! I have been practicing employment law for 17+ years and have specific experience with issues like yours.

With regard to your post:

I am an LPN at Kindred healthcare. There have been documented ongoing problems with a CNA and her work performance. As her supervisor, I put her on another unit to work. She refused. I take it they had you "supervisor" but actually gave you no authhority or power in reality, and let this less qualified CNA run the show.

The situation escalated to where she was going to hit me. 2 other CNAs had to stop her and pull her off the unit. Did she strike you?

She called the boss and did not have to leave. The next day, I had to go to a meeting with her - apparently the goal was to achieve civility in the workplace. It didn't work and this CNA became irate and again tried to hit me but my boss intervened. I take it she failed to hit you. However, did you know that it can be an assault to put someone in imminent danger of being hit/injuried?

I do not feel safe there. I understand.

My boss is mad at me Why???

and I fear she is going to set me up because the CNA has went to corporate and called NAACP. Is there a way she CAN set you up?

ALso, why did the CNA call NAACP (who may not give a darn, they are used to some people who call them whenever they are not able to bully an employer into giving them what they don't deserve - they seem to think the NAACP is interested in non-discrimination cases simply because a person of color didn't get what he wanted, even if he didn't deserve it or have any entitlement to it. It is not - it is interested in legitimate wrongs based on color, not spoiled people trying to use it to get ahead where they have no right to be based on their merits.

I am supposed to go to work this weekend but don't want to Hmm, I understand.

- I could not focus on my work worrying for my personal safety. The building is not locked on nighgt shift. I want to transfer to another facility. Have you considered a restraining order? Notify the employer of the danger/threats to you, and request a transfer?

The protocol is that we can't transfer until we are replaced and they give an ok. Tell them if they think the CNA is very qualified, she can replace you. I am kidding, sorry. I am just annoyed of what is going on here, to your detriment, because this employer is so incompetent as to recognize that people will always scream discrimination, and you are best served by fighting those that are untrue, lest you encourage other unethical employees to do the same. Honor those, if any, that are illegit and fight those that are not.

What can I do so that I don't lose my benefits and remain in good standing with company? First, unless you have a contract to the contrary, there is no way to force a company to treat you right. Just isn't in the law. However, if you feel you are being discriminated against tangibly, consdier filing your own racial discrimination claim. For instance, if a supervisor in your position would generally be given the respect of having her recommendations concerning another employee honored, but in this case the only reason your authority is not being recognized is because you are, say, "not black" (like the accuser), that may be an act of discrimination against YOU, based on your race. Consider consulting with a discrimination lawyer in your jurisdiction to discuss that. There may be documentary confirmation of how supervisor's typically are treated, that will show that you were clearly NOT treated that way based on the presumed white on black issue here.

I don't feel I was in the wrong here.I understand. If you did not discriminate (sounds like you are saying you did not) and this is a BS accusation by a lazy worker looking for a pay-out, know that many an incompetent employer, our of fear of lawsuit by the worker, will placate her to no end, and yes, be unfair to the person accused despite lack of evidence. SInce an employer is entirely permitted to determine who they want to keep on board and who they want to fire, so long as not discriminatory based on a protected class (or similar prohibition), you can't stop them. You can try, you can try to show why that is not in the employer's best interests, etc., but you are dealing with an incompetent boss (at least so far as when it comes to discrimination allegations) who is reacting on panic mode. She may not care. But, if you believe YOU are being discriminated against you may want to look into whether filing your own charge is warranted, if for no other reason than to protect yourself.... (and honestly, it somewhat looks like that - let's face it, if you were black, would the black CNA have accused you of discrimination based on race? Of course not. Now, if you are black, then it is a whole different situation, likely.)


I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11782
Experience: 19+ Years of Legal Practice in the Employment law arena.
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