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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15874
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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May daughter has been involved in more than 25 investigations

Customer Question

May daughter has been involved in more than 25 investigations about allegations made made against her from nurses in the hospital where she works. Those allegations have all been proven to be unwarranted. No one else in the hospital is subjected to this treatment. The nurses have even written statements about her neglecting patients and they have been found to be lies. this has continued for the last 6 months without any resolution. They continue to write her up, therefore, she can not transfer to another hospital and her complaints to management about what she believes to be discrimination have not produced any results. She believes to be unlawful discriminated against. What is the next step for her?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation, does she feel this is due to her gender, race, age, or any other protected civil rights?

Customer :

yes, she feels this is due to her race since they are very racist at this hospital; One of the nurses even said to her a comment about "you people"

Customer :

she is African American

wallstreetfighter :

Since she has filed a complaint and nothing has happened, she would need to file an official discrimination complaint with the State and if she is in the city, a local civil rights complaint, and let them handle the matter,

wallstreetfighter :

They will investigate the matter, and if they find that discrimination is an issue, they will allow her to sue the employer for discrimination, and creating a hostile work environment,

wallstreetfighter :

Also, she can sue the individuals at work for defamation, since they are making false complaints about her,

wallstreetfighter :

For more information about filing a discrimination or harassment claim in New York, see our page on filing a discrimination complaint: New York


Discrimination/Harassment - State Agency


New York Division of Human Rights (DHR)




















Bronx--Headquarters
One Fordham Plaza, 4th Floor
Bronx, NY 10458
Phone:(NNN) NNN-NNNN/td>
Manhattan
20 Exchange Place, 2nd Floor
New York, NY 10005
Phone:(NNN) NNN-NNNN/td>
Albany Regional Office
Empire State Plaza, Agency Building #2, 18th Floor
Albany, NY 12220
Phone:(NNN) NNN-NNNN/td>
Adam Clayton Powell State Office Building
163 West 125th Street, 4th Floor
New York, NY 10027
Phone:(NNN) NNN-NNNN/td>
Binghamton
44 Hawley Street, Room 603
Binghamton, NY 13901
Phone:(NNN) NNN-NNNN/td>
Peekskill
8 John Walsh Blvd. Suite 204
Peekskill, NY 10566
Phone:(NNN) NNN-NNNN/td>
Brooklyn
55 Hanson Place, Room 304
Brooklyn, NY 11217
Phone:(NNN) NNN-NNNN/td>
Rochester
One Monroe Square,XXXXX 3rd Floor
Rochester, NY 14607
Phone:(NNN) NNN-NNNN/td>
Buffalo
The Walter J. Mahoney State Office Building
65 Court Street, Suite 506
Buffalo, NY 14202
Phone:(NNN) NNN-NNNN/td>
Syracuse
333 E. Washington Street, Room 401
Syracuse, NY 13202
Phone:(NNN) NNN-NNNN/td>
Long Island
175 Fulton Avenue
Hempstead, NY 11550
Phone:(NNN) NNN-NNNN/td>
State Office Building, Veterans Memorial Building
Hauppauge, NY 11787
Phone:(NNN) NNN-NNNN/td>

 


Web Address: http://www.dhr.state.ny.us/


Discrimination/Harassment - Local Agency (New York City Only)


New York City Commission on Human Rights
40 Rector Street
New York, NY 10006
Phone:(NNN) NNN-NNNNbr/>Discrimination Complaint Hotline:(NNN) NNN-NNNNbr/>(An automated voicemail system responds to callers in English and Spanish)
Web Address: http://www.nyc.gov/html/cchr/home.html


Discrimination/Harassment - Local Offices of Federal Agency (EEOC)


Equal Employment Opportunity Commission (EEOC)
Buffalo Local Office
6 Fountain Plaza
Suite 350
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

Equal Employment Opportunity Commission (EEOC)
New York District Office
33 Whitehall St.
New York, NY 10004
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

She would file a complaint, with the above local office,

Customer :

Do you think if we hire an attorney that would have any merit to shut them down? She just want s to get out of this hospital. She has applied for positions in other hospital under the jurisdiction of this hospital and feels if she can get out of here the problems will resolve.

Customer :

We thought if an attorney met with the director and they realized that she was serious that this might back them off so that she can get out of here

wallstreetfighter :

an attorney can send a letter threatening legal action, and could force the employer to let her go,

wallstreetfighter :

However, if she actually files a complaint,

wallstreetfighter :

the employer may through mediation,

wallstreetfighter :

allow her to go to another employer,

Customer :

That is what I thought. I am in school right now to become a mediator/arbitration and am finishing my MBA in this field but unfortunately I am not finished yet so I am unable to assist her in this area.

wallstreetfighter :

She should consider filing the complaint,

wallstreetfighter :

it would save her money,

Customer :

So maybe hiring an attorney that specializes in this area might be the answer. Can you recommend an attorney in the Buffalo NY area?

wallstreetfighter :

if nothing happens, she can retain an attorney to threaten legal action

wallstreetfighter :

You would have to contact a local Buffalo employment attorney, you should contact the Buffalo bar association, they will give her a list of local attorneys.

Customer :

okay thank You.

wallstreetfighter : Bar Association of Erie County



438 Main St, Buffalo, NY 14202
wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback.

Customer :

thank you

wallstreetfighter :

Equal Employment Opportunity Commission (EEOC)
Buffalo Local Office
6 Fountain Plaza
Suite 350
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :





Buffalo
The Walter J. Mahoney State Office Building
65 Court Street, Suite 506
Buffalo, NY 14202
Phone:(NNN) NNN-NNNN/td>

 

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15874
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 2 other Employment Law Specialists are ready to help you

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