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I am a nursing supervisor in Richmond Va. I have had to work…

I am a nursing...

I am a nursing supervisor in Richmond Va. I have had to work in a hostile work in the environment since I started, a little over a year ago. I have reported this to Director of Nursing, the new CCO and the new CEO when they first began and each time I was asked to stay and allow them to change the environment. I am supported by staff, who have all witnessed the harassment. I have been told that I do not belong at this faciclity and I should find a job more "snobby with more customer service, because this job is too getto for me."

Lawyer's Assistant: Have you discussed this harassment issue with a manager or HR? Or with a lawyer?

Yes. I first discussed it with my previous DON and HR during an eval. They were verbally abusive, "screamed at me" and accused me of trivial issues. No substantial evidence was given. After an hour of yelling, I stated I could no longer take the abuse and I had evidence that each of their accusations was incorrect and I felt I should leave and I would be hiring an attorney. At that time they stated they would then check into the statements. The eval was determined invalid and HR called me to the office to personally apologize for her behavior. The CCO also met with me later to assure me things would change and she would personally support me. She asked that because she was newly appointed to that position, to please give her a chance.

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

No union

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

Recently I received my "first" real eval from this same CCO which was very negative. At no time has she met with me again, nothing has changed other than the previous DON was asked to change positions and a new DON has been hired. The CCO did not present the eval, she asked the DON to give it to me. I stated once again that if they continue to treat me this way and think so little of me I should leave and again I was told to please give the new DON a chance.

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Answered in 5 minutes by:
3/18/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
I was going to write my resignation, however, I feel the way I have been treated was wrong. I was going to also write their corporate office. Is this how I should handle this, do I have any grounds?
Customer reply replied 1 month ago
I'm unclear how the charges work for this service and what is included. Please clarify.

I'm sorry for the confusion. It's $5 to post a question; $42 for your interaction with me in writing; $59 for a premium phone call, but the phone call is optional.

If I may ask, do you have any reason to believe you were harassed or mistreated because of a disability, the color of your skin, your gender, or sexual orientation?

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Customer reply replied 1 month ago
I'm sorry, but I'm guessing this is too much for one question and you will not be able to answer? I didn't want to pay an additional fee. So I guess I'm requested to unsubscribe and stop any billing.

I can answer your question and trust me when I say that my answer will cost you about 90% less than going to see an employment attorney in your area about this. You can also ask follow up questions on this issue for free as well. So I can answer your question properly, do you have any reason to believe you were harassed or mistreated because of a disability, the color of your skin, your gender, or sexual orientation?

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Customer reply replied 1 month ago
Although, I know it is not considered harassment, I am treated very differently because I am a white woman from the north, Princeton area. I believe in customer service and that is not the mentality at this facility. It does not have a professional atmosphere and has remained the same for many years. I have not been told that, but I have been told I do not belong there.

I see. I'm very sorry about that. This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2 which prohibits racial discrimination, even if you are Caucasian. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

In your case, if they are telling you that you "don't belong" and you have reason to believe it is because of the color of your skin, and it is why you have to resign, then you may have some recourse.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Do I continue with my resignation letter? I refused to sign my eval and stated I may have to resign due to the continued treatment. I had also asked for a transfer out of the nursing department to dialysis and although the job was listed online, I was told it no longer was available. Even tho the regional director of dialysis emailed me that she would love to have me and they have several positions, they stated there was none. I know it is time for me to leave, my BP has increased and I have skin issues due to the stress.

I wouldn't continue with the resignation letter until you at least speak with the leaders at the organization about this matter. I would consider documenting everything that has happened that you believe was related to your discrimination and harassment and then presenting this to HR. I usually recommend going there first because the EEOC process can be a bit dragged out. If you don't see any changes or if ti seems like they don't care, then I would resign and see if someone else could help your career better, but you can still go to the EEOC after the fact.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
HR has been the least supportive, both yelling and belittling me until I stated I might get an attorney. I do feel I need to leave but can I still move forward with EEOC? Should I state why I am leaving in the letter?

I certainly understand. You're allowed to leave and file a complaint with the EEOC. I wouldn't put anything in the resignation letter because it could be used against you if you move forward with an EEOC complaint. I would save everything for the EEOC complaint itself.

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Customer reply replied 1 month ago
Thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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