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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.

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Customer reply replied 1 month 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: 523
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.

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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: 523
Experience: Member at Keefer & Keefer LLC
Verified
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Customer reply replied 1 month 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!

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