Category Archives: Wrongful Dismissal

Indiana hospital employee fired after speaking to New York Times

Posted on by • Posted in Dementia, Employee Termination, Health System, Hospital, Hospital Industry, Media, Media Policy, Nursing Home, Pandemic, Patient Dumping, Profit, Profit Margin, Profit Motive, Public Health, Public Safety, Transparency, Wrongful Dismissal • Leave a comment

https://www.beckershospitalreview.com/hr/indiana-hospital-employee-fired-after-speaking-to-new-york-times.html?utm_medium=email

Hospital Employee Is Fired After Speaking to The New York Times - The New York Times

NeuroBehavioral Hospital in Crown Point, Ind., terminated the employment of a discharge planner last week after she spoke to the New York Times about nursing homes discharging unprofitable patients, a practice known as “patient dumping,” the NYT reports.

In the Sept. 19 NYT article, Kimberly Jackson said that during the pandemic nursing homes in Illinois and Michigan have repeatedly sent elderly and disabled Medicaid patients to NeuroBehavioral Hospital, a psychiatric facility, even though they were not experiencing psychosis, seemingly in an effort to get rid of patients who are not lucrative for reimbursement or require extra care. 

“The homes seem to be purposely taking symptoms of dementia as evidence of psychosis,” Ms. Jackson is quoted in the article.

She was fired from NeuroBehavioral Hospital Sept. 24. Rebecca Holloway, the hospital’s corporate director of human resources, told the NYT that Ms. Jackson violated the hospital’s media policy. 

Ms. Jackson told the newspaper she was shocked to be fired for speaking to the media.

“I saw something that was wrong, and I called it out,” she said.

NeuroBehavioral Hospital is part of NeuroPsychiatric Hospitals. The South Bend, Ind.-based network has five facilities in Indiana, two in Texas and one in Arizona.  

 

 

As coronavirus spreads, so do reports of companies mistreating workers

Posted on by • Posted in American College of Emergency Physicians (ACEP), Bad Employer Behavior, Centers for Disease Control & Prevention (CDC), Coronavirus, Essential Businesses, Health System, Healthcare Ethics, Hospital, Hospital Industry, Labor Union, Paid Time Off (PTO), Pandemic, Public Health, Public Safety, Vulnerable Populations, Worker Rights, Workflow Environment, World Health Organization (WHO), Wrongful Dismissal • Leave a comment

https://www.washingtonpost.com/business/2020/03/31/worker-retaliation-mistreatment-coronavirus/?fbclid=IwAR1uQPecWtRM3G__toecrlhfYhszBQkDoYFkxsUrMYY_UZtKaTHpq3cblH4&utm_campaign=wp_main&utm_medium=social&utm_source=facebook

Workers complain of mistreatment as they try to cope with the ...

From nurses to retail salespeople, workers are walking off the job and facing retribution for speaking out.

She could wear her protective mask while seeing her patients. Many were, after all, elderly, with respiratory problems, susceptible to getting severely sick from the novel coronavirus. And so Laura Moreno, a nurse in Oklahoma City, wanted to protect them — as well as herself and her 12-year-old daughter, who has asthma and a thyroid condition.

She could not, however, wear her mask in the hallways, or the cafeteria or any of the hospital’s common areas, because her supervisors told her it would scare patients. “I was told if I wanted to wear a mask, I would not be working there,” she said. “So I said I’m not willing to put my life at risk, and my contract was terminated.”

Since the viral pandemic started ravaging the country in recent weeks, workers, unions and attorneys are seeing a dramatic rise in cases they say illustrate a wave of bad employer behavior, forcing workers into conditions they fear are unsafe, withholding protective equipment, and retaliating against those who speak up or walk out.

Moreno’s case was one of many that her attorney, Rachel Bussett, and her colleagues at the National Employment Lawyers Association have been inundated with as workers grow increasingly fearful of retribution from, as Bussett said, “employers who value the economy over people.”

A handful of workers at a McDonald’s outside San Francisco walked off the job to protest the lack of safety measures. So did about 50 workers at a Perdue chicken plant in Georgia, as well as workers at Instacart and Amazon, while the companies said they were taking steps to ensure their employees’ safety and well-being. (Amazon’s chief executive, Jeff Bezos, owns The Washington Post.)

Meanwhile, employees at several major retailers have circulated petitions urging the companies to close their stores and protect workers. And some workers have said they were fired outright for speaking their minds and pushing companies to look after them.

The complaints come as the virus’s toll mounts and health officials warned that extreme measures, such as lockdowns, would continue. On Sunday, health officials said social distancing guidelines would remain in place through April, and President Trump said the nation “will be well on its way to recovery” by June 1, not Easter, as he had said previously.

“This is a situation we’ve never had to deal with before,” said Heidi Burakiewicz, a D.C. attorney and a member of the employment lawyers association. “We’re doing everything we can to help these employees — not just about protecting jobs. But people’s lives are at stake, and people should never have to be faced with questions about whether they need to risk exposing themselves and their families or losing their jobs.”

The designations for “essential” businesses can vary by state but generally include supermarkets, pharmacies, hardware stores, auto repair shops and the defense industry.

Workers at a number of large retailers — such as craft stores, video-gaming shops and office supply chains — have questioned their employers’ decision to stay open despite stay-at-home orders across the country.

“It is unnecessary and unsafe to be open during a PANDEMIC,” Staples employees wrote in a petition. “We are not an essential store and corporate is fighting and begging to stay open, claiming Staples is essential and putting employees and their families at risk. Staples should temporarily close stores and pay their employees for the time being.”

Staples spokeswoman Meghan McCarrick said the company is “an essential provider of business and educational materials and products, household goods and cleaning supplies.” She said that an intensive care unit at a Baltimore hospital recently purchased ink and toner for a printer at Staples, while a hospital in Virginia bought webcams to set up remote telemedicine offices.

Last week, the Federal Bureau of Prisons turned away employees who said they had taken pain medications such as Advil, Tylenol or Motrin within four hours of reporting for work. That meant guards with balky hips or bad backs were forced to take sick leave, even if they had no fever or other symptoms of the virus, union officials said.

“You have unqualified people asking questions that are medically related,” said Sandy Parr, a union official. “They’re sending people home just because they took Motrin, which is decreasing the staff available to work — and that increases the danger.”

After guard workers complained and The Post inquired about the measure, the Bureau of Prisons said last week that it was discontinuing the practice.

Across the country, some health-care facilities are hoarding masks, goggles and gloves — forcing some workers to bring in their own, use the same equipment again and again, or go without.

“It’s in cabinets locked away, collecting dust while people need it now,” said Rebecca Reindel, the safety and health director of the AFL-CIO, who said the union has raised the issue “in every avenue we can.”

Moreno’s concern wasn’t the availability of the equipment — only her ability to use it. A contract nurse at Select Specialty Hospital, she felt she needed to wear a mask at all times, especially given that the patients she was treating were particularly susceptible to the worst effects of the virus. The hospital’s website says it provides “specialized care for patients with acute or chronic respiratory disorders. Our primary focus is to wean medically complex patients from mechanical ventilation and restore independent breathing.”

The state is under a “safer at home” order, which directs people over 65 and those with underlying medical conditions to stay home and limits gatherings to no more than 10 people, among other restrictions.

On Wednesday, however, Moreno was told her contract was being terminated because the hospital did not want her wearing a mask in common areas of the hospital, she said. But by the next afternoon, after The Post had contacted the hospital, she said hospital officials “had completely changed their tune” and decided to allow nurses to wear masks throughout the hospital and not just in patient rooms.

On Friday, she went back to work. In an email, a hospital spokeswoman said, “The nurse is still engaged with us and her upcoming scheduled shifts have been confirmed.”

The policy change “feels wonderful,” Moreno said, “because I know I will be protected and my friends and co-workers will be protected.”

Kevin Readel, another nurse in Oklahoma City, said he was fired for a similar reason — but in his case it was for insisting on wearing a mask while with patients.

He said he was told “point blank that I can’t wear a mask” because it “could cause fear and anxiety amongst the other nurses and the patients.”

He filed a suit against the Oklahoma Heart Hospital South for wrongful termination, claiming that “the hospital was more concerned about the perception of due diligence than actually performing due diligence.”

A spokesman for the hospital said he could not comment on pending litigation but said the hospital’s “entire focus is on making sure we protect the safety of our patients and health care professionals in preparation for an expected surge in COVID-19 patients. As part of our preparation, we are strictly complying with the guidelines on the personal protective equipment set forth by the World Health Organization and the Centers for Disease Control.”

Lauri Mazurkiewicz, a nurse who lives outside Chicago, grew nervous when she was repeatedly exposed to patients diagnosed with covid-19, the disease caused by the coronavirus. “This is so contagious. It’s spreading so fast. I need an N95 mask,” she said, referring to a specialty mask worn by many health-care workers.

She happened to have an N95 and began wearing it during her rounds at Northwestern Memorial Hospital, she said, but was told the hospital was prohibiting the use of N95 masks and using regular surgical masks instead.

She sent an email warning her colleagues that those masks were less effective. She was fired shortly afterward — the result, she alleged in a lawsuit against the hospital, of her attempts to “disclose public corruption and/or wrongdoing.”

A spokesman for the hospital declined to comment on the specifics of her complaint in the lawsuit, but said it is “committed to the safety of our employees who are on the frontlines of this global health care crisis.” He added that it follows “CDC guidance regarding the use of personal protective equipment for our health care providers.”

In a statement Monday, the American College of Emergency Physicians said it was “shocked and outraged by the growing reports of employers retaliating against frontline health workers who are trying to ensure they and their colleagues are protected while caring for patients in this pandemic. … Not only does this type of retribution remove healthy physicians from the frontlines, it encourages others to work in unsafe conditions, increasing their likelihood of getting sick.”

In the retail sector, employees at Michaels crafts stores said they were told the company’s shops would remain open because they serve “people who are bored at home” and double as UPS drop-off sites, according to an employee at a Phoenix store who is awaiting results for a coronavirus test.

The worker, who spoke on the condition of anonymity, has been home with a low-grade fever, cough and chest pain but says store managers have not been supportive.

“Every time I call in sick, there’s just an incredibly disappointed sound on the other end,” she said. “This is not an essential business — nobody in the history of mankind has ever dropped dead from boredom. They need to close their doors.”

Anjanette Coplin, a spokeswoman for Michaels, said its stores provide necessary products and services for parents and small-business owners. “We want to support and remain a lifeline for the teachers, parents and small businesses who rely on Michaels and our products to enable creative learning,” she said. Michaels is offering curbside pickup and has temporarily closed locations in certain states, including California, New York and Pennsylvania.

JoAnn craft stores, GameStop, Office Depot and Guitar Center have also come under fire for keeping stores open. A spokesman for Office Depot said the company is not requiring retail employees to come to work if they are not comfortable. Guitar Center, which furloughed 9,000 workers on Monday, said it is following state and local rules regarding store closures. JoAnn and GameStop did not respond to requests for comment.

In Plain City, Ohio, workers at a TenPoint Complete call center who administer automotive surveys by phone have been instructed to report to work even after the state issued a stay-at-home order, according to one employee who spoke on the condition of anonymity because she feared reprisal.

Her work, she said, consists of calling customers to ask about their experience at the body shop.

“This is not an essential job,” she said.

TenPoint Complete did not respond to a request for comment.

Even as other department stores, such as Nordstrom and Kohl’s, have temporarily shut their doors and kept paying their workers, Dillard’s has kept locations operating where government authorities allow it, making it one of the few remaining mall-based stores to remain open despite the pandemic, employees say.

That has sparked concern from employees, social media outrage by community members and a petition drive urging it to close that alleges, “Unlike other retailers who care about the safety and well-being of their employees and the guests they serve everyday, Dillard’s is choosing to run a blind eye in order to keep money funneling into their greedy pockets.”

Some employees who work for the company expressed fear about the stores remaining open, saying that they have been offered no assurances of pay if their stores close and that they had to pay more for their health insurance as their hours were cut.

One full-time Dillard’s employee based in Colorado, who requested anonymity to preserve her job, said that before her store closed in the middle of last week, she tried to use the vacation time she has accumulated to take off two weeks, but was told she couldn’t because the store was short-staffed. Her store has since closed because of local restrictions for nonessential businesses, and she said they were not being paid during the closure, other than for earned vacation leave. They have received little clear information about whether they would get their jobs back when the stores reopened, she said.

An employee in her 60s based in southwest Florida said she has not yet accumulated any paid time off, so if she were to get sick, she would have no paid leave. “They say you’re more than welcome to stay home, but that’s, of course, without pay,” at least for her.

She said the company has done little to directly encourage social distancing from customers making purchases. “They’re just telling us to relay to customers — politely — to stand back,” she said, but not putting up signage or tape to mark where customers should stand. “They are providing us at each register with a little small bottle of hand sanitizer. Mine has about a quarter of it left.”

In an email, Julie Johnson Guymon, a company spokeswoman, said “direct communication” with associates began Monday. In an earlier statement, she said Dillard’s is “fully cooperating with any government directives in our markets and promptly closing under those guidelines. Importantly, we are strictly following CDC guidelines for the safety of our associates and the customers who choose to visit us where open. No associate who is uncomfortable working is required to do so. We believe continuing to operate using current safety standards is the best thing we can do long term for our associates and for the economy.”

 

 

 

Amazon Worker Fired After Staging Walkout Over Company’s Handling Of Coronavirus Risk

Posted on by • Posted in Coronavirus, Infection Control, Infectious Virus, Leadership, Living Wage, Management, Market Consolidation, Market Power, Pandemic, Public Health, Public Safety, Sick Leave, Strike, Unfair Labor Practices, Worker Rights, Workers Compensation, Workflow Environment, Workforce Shortages, Wrongful Dismissal • Leave a comment

https://www.yahoo.com/huffpost/amazon-fires-worker-chris-smalls-033240313.html

Amazon Worker Fired After Staging Walkout Over Company's Handling ...

Amazon fired an employee who helped organize a walkout at one of its fulfillment centers over the company’s response to the ongoing coronavirus pandemic on Monday.

Chris Smalls, the employee who helped organize the demonstration, said he felt Amazon had failed to enact adequate measures to protect workers at the facility as many Americans turn to online shopping as stay-at-home mandates expand around the country. Smalls was one of a small group who walked out at a fulfillment center on Staten Island, demanding the company close the site and sanitize it before reopening. He said Amazon had notified employees at the warehouse of one confirmed case of the virus but claimed there were several others that hadn’t yet been reported.

Shortly after the strike, Smalls was terminated after working at Amazon for five years.

“Amazon would rather fire workers than face up to its total failure to do what it should to keep us, our families, and our communities safe,” Smalls said in a statement obtained by HuffPost. “I am outraged and disappointed, but I’m not shocked. As usual, Amazon would rather sweep a problem under the rug than act to keep workers and working communities safe.”

Amazon disputed Smalls’ account in a statement on Monday, saying he had been warned several times for “violating social distancing guidelines” and had been fired after failing to stay home. The company said Smalls’ claims were “simply unfounded.”

“He was also found to have had close contact with a diagnosed associate with a confirmed case of COVID-19 and was asked to remain home with pay for 14 days, which is a measure we’re taking at sites around the world,” a company spokesperson told HuffPost. “Despite that instruction to stay home with pay, he came onsite today, March 30, further putting the teams at risk. This is unacceptable and we have terminated his employment as a result of these multiple safety issues.”

The company also said just 15 employees out of 5,000 at its Staten Island location had participated in the demonstration.

“Our employees are heroes fighting for their communities and helping people get critical items they need in this crisis,” the spokesperson said. “Like all businesses grappling with the ongoing coronavirus pandemic, we are working hard to keep employees safe while serving communities and the most vulnerable.”

The Washington Post notes workers in at least 21 Amazon warehouses and shipping facilities in the U.S. have tested positive for the virus.

Employees at several other major companies staged walkouts on Monday. Workers at Instacart, the grocery delivery company, went on strike nationwide to demand better protections, including hazard pay and expanded paid sick leave. And employees at Whole Foods, owned by Amazon, said they planned to hold a nationwide “sick out” on Tuesday.

Workers at the Staten Island warehouse were first told last week that an employee had tested positive for the novel coronavirus, but they told HuffPost’s Emily Peck that business was “normal” and “running just as it had been” after the declaration. Others said they were afraid of getting sick at work, saying there wasn’t enough protection equipment on site, such as hand sanitizer or masks.

Amazon said it has extended a range of benefits to help protect workers during the pandemic, including extended paid leave options for some employees and increased health and safety measures. Employees diagnosed with COVID-19 are entitled to up to two weeks of paid leave, and Amazon says it notifies workers at sites with infected individuals.

The ongoing efforts by warehouse workers throughout the coronavirus pandemic have garnered support from several lawmakers. Rep. Alexandria Ocasio-Cortez (D-N.Y.) wrote Monday that the employees were simply “demanding dignity.”

“When people work an hourly job, it’s suggested in many ways that you‘re unimportant or expendable,” she wrote on Twitter. “Except you aren’t. Everyone deserves safe work, paid leave, & a living wage.”