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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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Training & orientation was withheld by supervisor because of

Customer Question

Training & orientation was withheld by supervisor because of ‘crippled ambulation, not meeting special standards, sickly: looked like hell, unable to keep up or fit in with everyone. Scolded and demeaned about these things she said about health issues (never disclosed to her nor were they accurate) in front of CO-workers and other nurses’ (very much denied). The supervisor openly stated she talked w everyone and they were all talking about this 'handicap'. My position was threatened as she wrote to the contractor company she didn't think special physical standards were met and may be unhealthy & unable to be trained or work.
Reported to her to her boss and she was spoken to. But she continued, was spoken to again, and went on leave 'suddenly' She was spoken to for violating HIPAA on a patient too. When she returned she became more cruel in her retaliation and demonstrations went beyond profession boundaries. She was removed from our office to another office.
She refused orders to start proper training from her authorities, immediately x many defied them.
Escalations of the retaliation became focused w another RN witness, patient care was compromised and further efforts were made to halt any possibility of proper training. This resulted in charting errors (reported) and reporting of the another RN (the preceptor) making unsafe errors. Efforts made to correct errors & lack of charting became areas the supervisor used reporting to terminate the contract.
A board meeting was called, the contracting agency flew into HI with orders to terminate employment. The issues were consider ‘ serious’ and when this occurs termination is likely. The contractor and others commenced a very tough investigation interview deciding the accusations were false and fought to retain employment and many other colleagues were ready to testify, but denied (the supervisor said other contractors said they would quit if I was retained; no one made this statement in our dept or anywhere in the clinic).
Continued employment was then granted w much loss of 'save face' for the supervisor. This was enough to put us on guard for more retaliation. This was one month ago and retaliation, anger and bitterness of the supervisor peaked. One week ago, without warning or and any additional complaints, the employer called the contracting company and told him to have the employee removed from the clinic. The decision was made to exercises a clause in the contract with no additional communication
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Hawaii
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: There was much concern about the supervisors state of mind.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 4 months ago.

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