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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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I am considering going forward this. As a nurse we all see

Customer Question

I am considering going forward this. As a nurse we all see this as a HIPAA violation and as far as the health issues, a discrimination that truly prevented training and finally lead to termination. At present, I have an immediate concern, the contract company is sending me severance, but, I did not as yet sign the the agreement as requires me to never tomention the adverse goings on that occurred.
JA: Because laws vary 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.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Hello and welcome. I'm not quite sure I follow your post. Can you start from the beginning? What specifically happened here? And what is your question?

I very much look forward to helping you on this matter.

Customer: replied 4 months ago.
Should I consider filling a discrimination suit? This supervisor attempted to stop training, and finally had my contracted suspended. I was told my work was "steller",outstanding,building trust in the providers again. However, her verbals about my ability to be physically fit were clear I she did not want me to work. I have (not always) a limp ...recently a hip replacement went bad causing one leg to be shorter than the other. I never considered it a handicap, it never caused my work to falter and I never received complaint it was a problem. Her c/o with my health turned into fits of anger and other actions she was spoken to for.
Customer: replied 4 months ago.
did you read this:
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 as ordered 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 then 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 and were willing to gibe statements).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.Additional Information by Category
Employment Contracts
I need legal assistance to: Other: discrimination
I am a: Former Employee
Date of hire: 02/22/2016
Occupation / job title: disease management RN
Gross annual income: $75,001-$100,000
Is the employee still working for the employer: No. Last day of employment was: 09/06/2017
The employer is a: Other: contract, but supervisor is the discrimnatoe
The employer is involved in this type of industry: Health Care
The employer has the following number of employees: 101+
Expert:  Patrick, Esq. replied 4 months ago.

Thank you for this additional information. I think another professional might be better suited to tackle this, so I am going to opt out. Please do not respond to this message, as doing so will take your question off the open question list and send it back to me. Someone else should be with you shortly.

Good luck and sorry for any inconvenience.

Patrick

Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

DIfferent expert here. Is there a specific question with which I could assist?