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I was reported to board of nursing by an employer who filed…

Customer Question
I was reported to...

I was reported to board of nursing by an employer who filed a statement that I have withheld information from them which is not true

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nc

Lawyer's Assistant: Has anything been filed or reported?

I have an outstanding complaint by them at nc board of nursing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I also felt being single out because of my origin

Submitted: 9 months ago.Category: Employment Law
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Answered in 5 minutes by:
8/5/2017
Employment Lawyer: Loren, Lawyer replied 9 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,821
Experience: More than 30 years in legal practice.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Employment Lawyer: Loren, Lawyer replied 9 months ago

Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

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Customer reply replied 9 months ago
Definitely!
Employment Lawyer: Loren, Lawyer replied 9 months ago

Which?

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Customer reply replied 9 months ago
Race and ethnicity
Employment Lawyer: Loren, Lawyer replied 9 months ago

Thank you for the additional information. I am sorry for what you are going through, but I believe I have information you will find helpful.

You may have a claim for hostile work environment based upon discrimination. The minimum requirements to sustain the claim is called the "prima facie" case. Courts have come up with a four-part test that employees must meet to establish a prima facie case of discrimination under Title VII. If an employee can present evidence of each element, the employer will then have to present evidence that its decision was not discriminatory. If an employee can't make a prima facie case, the employer can ask the judge to dismiss the lawsuit.

To prove a prima facie case of hostile work environment based on racial harassment, a plaintiff must show:

1) there was unwelcome harassment or disparate treatment;

2) the harassment was based on sex, race, color, national origin or religion; (age or disability - under different statutes)

3) the harassment or disparate treatment was so severe or so pervasive that it altered the conditions of employment and created an abusive atmosphere; and

4) there is some basis for imposing liability on the employer.

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Employment Lawyer: Loren, Lawyer replied 9 months ago
Did you have further questions? Have I answered your question?
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Customer reply replied 9 months ago
I am going to explain the scenario, I have terminated my employment with the company by giving them 2 wk notice ,there are some unfavorable things going on in this agency that we as nurses were being forced to take care of patients we are not comfortable doing and because of the fear that we may lose our licenses nurses were resigning ,when it was my last few days the supervisors had reviewed my pts charts like a fine tooth comb and when I asked them I was told it's the procedure but other nurses were not treated that way. They find some discrepancy and was forcing me to change my documentations but I refused since I felt that it was not right and legal to do so ,then they reported me to the board of nursing stating that I "withheld important information". NC board of nursing has a pending investigation against me now. When I questioned the supervisor if it is a new procedure that they have to review each patients of everyone nurses leaving ,the answer I received was Yes. Another nurse left before me and that was not done to her,another nurse left right after me said that she was not treated that way nor they had to review her patients chart like mine.
Customer reply replied 9 months ago
I felt that I was being single out , I have been diligently performing my duty as a nurse for 27 yrs and felt that this agency had retaliated against me for leaving my employment and because of my ethnicity I felt like I was being singled out from the rest of the nurses.
Employment Lawyer: Loren, Lawyer replied 9 months ago

Thank you for the additional information.

If you have a pending Board complaint or investigation then the successful resolution of that should be a priority.
If you believe your were singled out and harassed due to your race then your next step is to file a discrimination complaint at the nearest EEOC office. They will investigate the claim and take action if deemed appropriate.
You can find the nearest office at www.eeoc.gov.

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Employment Lawyer: Loren, Lawyer replied 9 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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