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I 2014 I had a Clinical Nursing Supervisor who was blatantly…

I 2014 I had a...
I 2014 I had a Clinical Nursing Supervisor who was blatantly harassing me and putting patients in harms way. I had so much stress on the job I had to take time off of work. I reported this to HR and they investigated and told me that they did find evidence of harassment and to let them know if anything occurs with this person and they would take care of it. I was fired within three months with blatant lies, I have proof of misconduct by my direct manager and the nurse I complained about. When I reported this to the Labor Board the told me they could not help. When I reported it to the EEOC they also stated I had no case. Can they do that? Were they correct in saying you can make false claims on an employee and then fire her when she has proof that these accusations are false?
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Customer reply replied 5 months ago
I am tired and will check it tomorrow. It is taking awhile which is fine. But falling asleep. Sorry
Answered in 4 hours by:
3/9/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,991
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. The EEOC can only make conclusions that a complaint is substantiated if there is evidence that there was either an adverse employment action or workplace hostile environment harassment which was "severe and pervasive" if, and only if, the actions complained of were taken because of the employee's race, national origin, age (over 40), disability, religion, pregnancy, or military service.

Therefore, if the EEOC concluded that there was no discriminatory intent or effect based on what I described above, then they cannot find that a substantiated case exists.

I can't second guess what happened in your case, but that is the law. So, yes, it is quite possible that unless the EEOC found that the elements of the violation that I mentioned above were not present in making the alleged false statements, etc., they could deny your claim. In other words, not all unethical or unprofessional conduct by an employer is illegal. It might not be right from a moral standpoint, but that doesn't make it illegal.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

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Customer reply replied 5 months ago
https://www.eeoc.gov/laws/guidance/retaliation-qa.cfm.Why would it not fall under retaliation since the nurse I complained about and was proven to be harassing me did retaliate and it can be proven?

Thank you for your reply and I am sorry if perhaps my response wasn't clear enough. But to answer your question, to be actionable retaliation, the retaliation must have been against an employee because they asserted rights protected by the EEO laws. As I mentioned in my initial response, unless the initial harassing behavior or adverse employment action is based upon an employee's membership in those protected classes that I mentioned, then the EEO laws do not apply. Therefore, any retaliation doesn't fall under the EEOC. It then becomes unprofessional behavior that unless it violates a contract is poor management but isn't unlawful.

Hope that helped clarify the scope of what the EEOC can consider. I can't comment on your case as I am not your attorney and don't have all of the facts from all sides, I can only tell you what the law is.

If you think you were initially targeted because you are in a protected class and retaliated against because you pursued that claim, then you will want to hire a local employment law attorney to represent you.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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