carhill Posted December 22, 2009 Share Posted December 22, 2009 No, SG, since you love to argue, which is what I pay my lawyer for You represent business. You know how it works. We don't need to go into that here. She works for the largest hospital company in the USA. She's nothing to them. I encourage people to fight for their rights and for their own interests. Sometimes that means using the legal system. Sometimes not. Go back and re-read my initial posts to the OP. This conversation is over Link to post Share on other sites
H1N1 Posted December 22, 2009 Share Posted December 22, 2009 This conversation is over Awww, come on, dude. I just ran to the store to get some popcorn and a six pack of Samuel Adams Winter Ale. I was gettin' ready for the Loveshack throw down. Link to post Share on other sites
Star Gazer Posted December 22, 2009 Share Posted December 22, 2009 No, SG, since you love to argue, which is what I pay my lawyer for You represent business. You know how it works. We don't need to go into that here. She works for the largest hospital company in the USA. She's nothing to them. I encourage people to fight for their rights and for their own interests. Sometimes that means using the legal system. Sometimes not. Go back and re-read my initial posts to the OP. This conversation is over Yes, I know how business works. I also know a false, fabricated claim when I see one. You're advocating that here, and it's ... very low. You obviously don't have her best interests at heart, because suing them without a meritorious claim is the WORST possible thing she could do. Link to post Share on other sites
threebyfate Posted December 22, 2009 Share Posted December 22, 2009 whitecaps, are you part of a bargaining unit? Link to post Share on other sites
Star Gazer Posted December 22, 2009 Share Posted December 22, 2009 whitecaps, are you part of a bargaining unit? She said that she's hoping the union gets voted in... so for now, I assume not. Link to post Share on other sites
Author whitecaps Posted December 22, 2009 Author Share Posted December 22, 2009 She said that she's hoping the union gets voted in... so for now, I assume not. No, there are no one for the employees (adm will beg to differ, but that is a laugh) at this time. I know for a fact that CNA union is trying to penetrate this corporation right now and I am hoping that they do, although union strenght is somewhat weaker in the south than the north. I am enjoying and learning alot from this discussion. It is so educational. And also, please let me thank you all for taking the time from your busy life to reply to my post. It really does mean alot to me. Link to post Share on other sites
TwinkletOes26 Posted December 22, 2009 Share Posted December 22, 2009 OF course you can always find out where he shops for food or his fav bar and poke a hole in all four tires :D:D:D....but again not the way to handle things. I think you should try your best to get another job and when you do make it a point to try to get other employees that have been harassed to come work with you if possible....if so many people leave at one time it will cost them money and they will have to change. Link to post Share on other sites
rhitt Posted December 23, 2009 Share Posted December 23, 2009 (edited) OP, unfortunately you could run into pieces of trash like this MD at any job. I think that the best thing is to find a new job and not give him anymore of your time or energy. Do this before you damage your health any further. He's obviously either extremely unhappy or extremely disturbed or both if he is putting a patient at risk like that. Edited December 23, 2009 by rhitt Link to post Share on other sites
pureinheart Posted December 23, 2009 Share Posted December 23, 2009 In my line of business, it's called the good ole boys network. Competence doesn't matter; work ethic doesn't matter. If you're in, you're in, if not, not. Also, if the bully is a bottom line asset to the company, they will balance the costs of retaining the bully versus the loss of other employees and/or the threats of lawsuits. If/when the balance tips, absent the value of dirt the bully might have on the business owner/manager (this is political clout), the company will get rid of the bully. It's different in different industries, but generally how it works in my predominantly blue collar profession. You and your husband can seek out and interview a lawyer together, if the process is uncomfortable for you. Lawyers are just regular people who deal with aspects of the law. They are expensive but are human just like you and me. Never forget that. The bully and your administrator are human too. No better or worse. Wow, Carhill....so true. Yesterday I went to my Psych and started to delve into the area of bullies because of reading this thread. I worked with a lot of bullies....each dept had their own bully. My Psych said Co's encourage it. I believe that because most bullies are snitches and it saves the management a lot of time when "trying to keep order"....some in managent were afraid of the bullies.... Link to post Share on other sites
pureinheart Posted December 23, 2009 Share Posted December 23, 2009 WC....should you choose to persue this a friend gave me some advice that really makes sense....in reading briefly the other posters I gathered you work for a large, non-union shop. It is hard to file lawsuits against these large entities as they have a lot of pre-paid high powered lawyers ready for this type of thing. What I was told to do is file charges on one person within the organization as the company will not back them with their lawyers, they can't or they would have to back all of the other employees.... Win the suit against the one person, then it is very easy to get the company....I thought this was cool advice, it is just time consuming, but you will come out the victor! Link to post Share on other sites
Star Gazer Posted December 23, 2009 Share Posted December 23, 2009 (edited) What I was told to do is file charges on one person within the organization as the company will not back them with their lawyers, they can't or they would have to back all of the other employees.... Win the suit against the one person, then it is very easy to get the company....I thought this was cool advice, it is just time consuming, but you will come out the victor! This is very bad advice, for a number of reasons. 1. In most jurisdictions, employers are required to provide (i.e., PAY for) the defense of their employees when their employees are sued for conduct within the course and scope of their employment. Most often it also requires them to indemnify the employee for any settlement/judgment. So it's foolish to think if you sue one person in the company, the company (or it's insurance carrier) isn't footing the cost of taht person's defense/judgment...they are. Unless it's beyond egregious (like....RAPE) and the employer can argue that the conduct wasn't within the course and scope of employment, the employer will be paying the entire bill. 2. You cannot bring two lawsuits arising from the same conduct, one after the other. Rather, you must bring all claims arising from the same nucleus of facts within the same lawsuit. You cannot split causes of action. 3. In most jurisdictions, the only claim that can be brought against an individual employee for work-related injuries is in the context of a sexual harassment claim. Do you see that claim here? I don't. The remaining employment-related claims are typically only against the employer, because the employer acts through its employees. I STRONGLY advise the OP to sit down and meet with an employment attorney who can confirm all of this for her. She should not be seeking legal advice on a forum made up of predominantly of people who don't have professional legal experience. Edited December 24, 2009 by a LoveShack.org Moderator Link to post Share on other sites
pureinheart Posted December 23, 2009 Share Posted December 23, 2009 I read one of the posters stating that most in this thread were encouraging to "sue", take it to court as a negative note....I can just speak for me....I was screwed over for years and years, afraid to talk to anyone about what was going on because noone would believe me...when I reacted to the bullying I was commanded by my manager to get counceling (this manager I might add was told by the Co to retire as people had caught him talking to walls and door knobs....). I have story after story....AND THEN I finally take an incident to HR, by the instructing of my union who witnessed a situation and had seen it in the past with another employee and it was explained away by the HR person....I realised at this point I was outnumbered....shortly after that my newest manager confronted me on my attendance (rightly so as my attendance was not so hot due to years of abuse and med issues)...I could not take anymore, hit my end, went out on medical and have not gone back since...this was 2008....I retired at a young age. I would suggest other options if there were some....going to court seems to be the only answer after HR....I am older, I let it go too far, so I turn the torch over to the ones that might be able to handle it and say...let's have some Supreme Court decsions (Landmark events) that change the way the workplace is run....I mean really change it. I have had so much on my plate for so long that I could not have handled doing what I speak of....but in time I will be able to stand with others, and maybe using my own experiences to change this very horrible situation. When I read the OP I knew this was the truth and I understood exactly what she has been going through.... Link to post Share on other sites
pureinheart Posted December 23, 2009 Share Posted December 23, 2009 This is very bad advice, for a number of reasons. 1. In most jurisdictions, employers are required to provide (i.e., PAY for) the defense of their employees when their employees are sued for conduct within the course and scope of their employment. Most often it also requires them to indemnify the employee for any settlement/judgment. So it's foolish to think if you sue one person in the company, the company (or it's insurance carrier) isn't footing the cost of taht person's defense/judgment...they are. Unless it's beyond egregious (like....RAPE) and the employer can argue that the conduct wasn't within the course and scope of employment, the employer will be paying the entire bill. 2. You cannot bring two lawsuits arising from the same conduct, one after the other. Rather, you must bring all claims arising from the same nucleus of facts within the same lawsuit. You cannot split causes of action. 3. In most jurisdictions, the only claim that can be brought against an individual employee for work-related injuries is in the context of a sexual harassment claim. Do you see that claim here? I don't. The remaining employment-related claims are typically only against the employer, because the employer acts through its employees. I STRONGLY advise the OP to sit down and meet with an employment attorney who can confirm all of this for her. She should not be seeking legal advice on a forum made up of predominantly lay people. I disagree, I worked for a very large Co....never did I see the company provide legal assistance..... I think you can go after both... No offence, although you sound like the attorney my co-worker dealt with that was paid by the Co.... I agree, seek councel....even second and thrid opinions Link to post Share on other sites
pureinheart Posted December 23, 2009 Share Posted December 23, 2009 Anyway....bullies need to be dealt with....you are in my thoughts and prayers.... Link to post Share on other sites
pureinheart Posted December 23, 2009 Share Posted December 23, 2009 I STRONGLY advise the OP to sit down and meet with an employment attorney who can confirm all of this for her. She should not be seeking legal advice on a forum made up of predominantly lay people. This is a very arrogant statement....people ask questions on these forums to get options/things they may not have thought of.... It is best to have some idea of what questions to ask when going for legal councel....if the consult is free then this saves the councelor money and time, also the person seeking councel feels more aware of "what" to ask...the councelor cannot possibly be prepared for every senerio as the councelee is the one with all of the details that may not all be communicated during the consult... I am quite confident that there are very few that would take all advice to the bank.... That last statement did not need to be said, it was meant for the sake of arrogance. Link to post Share on other sites
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