Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Is there anyone available who is knowledgeable in re: to the…

Is there anyone available...

Is there anyone available who is knowledgeable in re: to the State of California's Nurse Practice Act?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

We are going to Admin in re: to our manager

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Union - CEMA

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

We are concerned about manager infringing on nursing practice (she is not a nurse) and also toxic/hostile work environment.

Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I work in a department of public health in California. The department is nurse/medical driven in we do medical case management and authorization of services for critically ill, low income children.Our department is currently made up of the following:
Marilyn - Admin
Ali (Male) - Supervisor over business/billing unit (6 people) - all female
Gian (Male) - Supervisor over medical social workers (3) and financial eligibility assistants (2) - all femaleThose departments primary role is to support the nurses/medical case management team which consists of 2 female nursing supervisors, 13 female nurses and 6 female support staff.Marilyn was hired the same time as I was, 4 years ago. First year was great, then Ali was hired and it has steady gone down hill since. A little over a year ago, our medical director left. We have had a very part time interim medical director to help but is not part of the leadership. We just hired a new medical director who will start April 2, but it is going to take months before he is up to speed on our department (the work we do is actually VERY complicated). Since we have been without the medical director, Marilyn has gotten exponentially worse.The nurses are meeting with her boss this Monday to speak about the issues and I would like to get your input.Our main concern is the effect of the issues impacting the work of the nurses which might be against the Nurse Practice Act - which ultimately impacts the care of our clients.One of the nursing supervisors is retiring and Marilyn does not want to rehire to that spot but the load is too much for 1 nursing supervisor. Marilyn wants to pull our support staff and have them be managed by Ali. Doing so would be a step backward and would delay progress, improvements and care.We also feel that Marilyn will try to push the other nursing supervisor out so that she can have further control.Right now, as it stands - and I have do documentation/witnesses that will be presented at the meeting on Monday - is:Marilyn favors Ali and Gian: they often make decisions that directly impacts nursing care without our input or knowledge.
The 3 departments have become VERY segregated so communication is hampered. Gian openly shares with his team that the nurses are all idiots and that his team has to clean things up. Gian and Ali have both shown emotional/physical aggression (no hands on) towards nursing and their staff. Ali is running reports on nursing productivity without knowledge of what or how we do our work, and without nursing supervisor's knowledge.Marilyn does not do any research into a complaint given to her before acting upon it. Ex: Wrote nursing supervisor up and when challenged, blamed it on the nursing supervisor for the mistake... it was redacted but it is a pattern.Marilyn states one thing in a meeting, but then changes the agreements without notifying staff.Marilyn does not take staff concerns: staff concerned about cultural appropriation in re: to Ali dressing up as African American Hippy for Halloween - Marilyn defended Ali 110% and could not even see why it was an issue - was very caustic in meeting with nurse about issue.Marilyn 'manages up' to her superiors, is down right wicked behind doors, is retaliatory etc... over heard more than once yelling, berating and being rude to nursing supervisors.Ali and Gian are favorites... can do whatever, whenever and Marilyn supports them. Evidence we have shows that her least favorite people are those (women) who are strong and outspoken. Don't want to run to protected class but if it will help to put out there that there is bias, then I am willing to entertain the idea.We are down 3 (a fifth) of our nursing staff and Marilyn slows hiring process due to not having money in the budget... but yet the other units are fully staffed- and many hired in the last year.Concern that department will have brain drain.... we NEED to keep those that are knowledgeable due to the nature of our work. Marilyn, Ali and Gian do not have that knowledge (again, concrete documentation to show) and yet they are trying to control our work.There are approx 40 people in the building and 10/13 nurses plus 2 support staff will be present in the meeting on Monday. We have contacted our union for guidance at this point.... he will be representing us in our case and also the case of the 2 nursing supervisors who are acting separately but our 2 cases support each other.After you reply, I am happy to speak by phone as this is complicated (or at least I think so).
Answered in 10 hours by:
3/18/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am attorney. I am currently working on a response and should have that to you shortly.

Ask Your Own Employment Law Question

First, this certainly sounds like a bad situation in many ways - both legally and from a business perspective/patient care perspective. That said, it does not appear directly to raise any violations under California's Nursing Practice Act. Rather, it appears that the various managers have created an environment that is generally not conducive to providing the best care, as it hampers the ability of the nurses to use their professional judgment in rendering care by not providing the support needed by them. In other words, though I don't see from your summary an actual violation of that Act, the failure to provide adequate medical staffing could raise concerns by individual nurses that in stretching them too thin, particularly it sounds like leaving the department with just 1 nursing supervisor, they will be unable to provide the care required under the law. This is a legitimate concern to bring to the attention of the department. The name calling and criticism of the nurses - particularly by a non-nurse (Gian) is also a problem in terms of providing the managerial and administrative support the nurses need to properly perform their jobs. And aggression of any kind - whether physical or verbal (which it sounds has come from all three Marilyn, Gian and Ali) - may create a hostile work environment, which if caused by unwelcome conduct directed only toward women, giving rise to some legal claims or liability.

As you indicate, you did not want to go to the protected class issue unless necessary, but it does appear that there is a pattern of favoring those who are members of the unprotected class (men) over those who are members of a protected class (women). It is legally possible for a female supervisor to discriminate against female employees. Moreover, it should concern Marilyn's supervisors that she saw no problem with the Halloween costume issue, since failure to address incidents like that that could create a hostile work environment for those of a particular race, can open the department up to liability as well.

I hope this information is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thank you SO much. This just validates what we were feeling and gives us the verbage to help state our case.

You are very welcome and best of luck!

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Employment Law
Satisfied Customers: 1,198
1,198 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am a nurse ciordinator in a surgery centerMy annual performance
I am a nurse ciordinator in a surgery center My annual performance raise was put on hold because of some conplaints from staff (1&2)about favoritism etc Does my supervisor have the right to hold my an… read more
Loren
Loren
578 satisfied customers
I work at Osawatomie State Hospital, KS. I am an RN and we
I work at Osawatomie State Hospital, KS. I am an RN and we are so short staffed here that we are being mandated to work 16 hour shifts? My question is can my employer mandate me to work 2 16 hour shif… read more
Maverick
Maverick
Doctoral Degree
6,146 satisfied customers
I am a 51 Year Old Registered Nurse Hired 8 months ago to a
I am a 51 Year Old Registered Nurse Hired 8 months ago to a full time supervisor position. (I had worked there as a contracted employee for 9 months prior). Diagnosis of ADD and I am prescribed and ta… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
The past 1 1/2 years I have purposely been harassed at work
The past 1 1/2 years I have purposely been harassed at work by my supervisors and corporate management in the nursing home where I work as an assistant to the Director of Activities. I believe they ha… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
Was I wrongfully terminated in Texas. I was terminated for
Was I wrongfully terminated in Texas. I was terminated for creating a hostile work environment (one incident provided as evidence) and quoted that we were a no tolerance "at will" company and that the… read more
Benjamin M. Burt, Jr., RN, BSN
Benjamin M. Burt, Jr., RN, BSN
Attorney and Counselor at Law
Doctor of Jurisprudence
7 satisfied customers
I was involved in a somewhat sexual encounter with a co-worker
I was involved in a somewhat sexual encounter with a co-worker on my team. We were on a team build in Park City. The incident took place outside of any organized work event. We were in the gentlemen's… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I beleive I have a worngful termination case and possible coercion
I beleive I have a worngful termination case and possible coercion into resigning. My company recently hired a Director over me who had similar backgorund to mine but more years in the industry experi… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am an RN in a medical office and need help with a situation
I am an RN in a medical office and need help with a situation at work. There is a female employee in our office who has been allowed to verbally attack multiple staff and patients for the past three y… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am COO of a small for profit in INdiana of about 120 employees
I am COO of a small for profit in INdiana of about 120 employees - a behavioral health care for Developmentally disabled individuals. Because of funding cuts, we have had a wage and salary freeze sinc… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
I work for a Montgomery county medical manufacturing firm.
I work for a Montgomery county medical manufacturing firm. They are world-wide. I was hired to replace an employee who was leaving the company. After 6 months our department was transferred to a newly… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
Hi, I have been transferred to new side within my company with
Hi, I have been transferred to new side within my company with my caseload on 02//1/2011. I joined the new team under the supervisor and assistant clinical director for behavioral health, during the t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work in a nursing home is the state of Illinois. I am licensed
I work in a nursing home is the state of Illinois. I am licensed a Social Service Director. I have been asked to supervise a nurse who has not experience working in the activity department. The plan i… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Managing Lawyer/Advocate
Doctoral Degree
3,286 satisfied customers
An employee from my department called our corporate HR office
An employee from my department called our corporate HR office with a complaint about me. The complaint follow up was completely botched by the HR Director resulting in an unorthodox grilling of the re… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Our Nursing home hired an new Administrator and new Director
Our Nursing home hired an new Administrator and new Director of Nursing. Their monthly staff meetings have led us to believe we all are in jeapordy of loosing our jobs. In their first few months we lo… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My supervisor emailed management and other employees about
My supervisor emailed management and other employees about a specific medical procedure I was having and the possible need for another procedure if the first was not successful and noted in the email … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
If a situation was occurring between a health technician (HT)
If a situation was occurring between a health technician (HT) in an act of rage who was trying to choke a nurse on the same team, would that primary care nurse manager violate the HT's privacy by look… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I applied for a supervisor at GMAC/RESCAP. It appeared I was
I applied for a supervisor at GMAC/RESCAP. It appeared I was one of the finalist for that position. However, they did hire a person from the outside. I was given feedback discussions, one from the man… read more
Jane T (LLC)
Jane T (LLC)
Master\u0027s Degree
5,402 satisfied customers
I was one of two applicants interviewed for a coaching
I was one of two applicants interviewed for a coaching position with a West Virginia private college (or at least I was told by the athletic director that only two candidates were being interviewed). … read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
1,416 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x