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Here's what I do know for absolute..(no second hand knowledge). This coporation has entered into not one, but TWO CIA (Corporate Integrity Agreement) with the Department of Justice and the Office of Inspector General. One in 2009 and the latest in 2012 for medicaid fraud. And NO..before you ask, I had absolutely no clue before I signed on. I value my nursing license. I worked long and hard to obtain it!
More of what I know (because I read them), part of the CIA stipulates that my employer is suppose to maintain ALL employee files for said amount of years, file eeo reports on each employee with the EEOC (beside the two, medicaid fraud, they were just sued AGAIN in 2014 for racial discrimination for over 20 million dollars), these people are no strangers to the law. It's said.."ignorance of law is no excuse"... it appears that they just don't give a sh**. Another reason why I'm so adamant about seeing justice serve, if applicble in this situation.
Now, the "file's missing". Not just the file, but EVERYTHING associated with her, all of it. Application, offer of employment, nursing license, I-9, IRS form.. what's in mine, is missing in hers! Everything, T-B skin test, physical, etc... including all payroll related to her is missing!! As if she did'nt exist.... WHO DOES THAT?
If the employee was due wages and they were not paid those wages and the employer has no valid reason for not paying, DOL will take action. Depending on specific factors, it may just be what is owed, or it can include some additional compensation.
Quote:
Originally Posted by Betsey Lane
EEOC discrimination....you're asking me questions I cannot answer (it's not my battle).,
My mistake, I thought you said you had first-hand information.
Discrimination is a tough one because its not just good enough to suspect it. If the company states and stick to this was a routine check based on some error with the files that needed to be completed, and it is necessary for this to be on file, AND we have the right to do a background check during employment, you need some smoking gun to win at discrimination.
Quote:
Originally Posted by Betsey Lane
other than what's on the EEOC website regarding background checks.
Unfortunately, EEOC only gets involved in background check issues if it is based on discrimination because of a person's protected class. Otherwise, EEOC doesn't have any say on background checks. So, there is no advice anyone can give without knowing the basis for that discrimination allegation.
Unfortunately, case law establishes that if an employer is required by statute to conduct background checks, it doesn't matter if a disqualifying event was never noticed and/or acted upon in the past, once discovered, it constitutes a legitimate reason for termination of employment.
Even if not a statutory requirement, an employer can still act upon a internal disqualification so long as its standard business practices of a non discriminatory basis.
Although the events leading up to, and the timing of the events may be suspicious, it does not negate the disqualification and actions required based on that disqualification.
We do need you to clarify who this employee filed complaints or charges with as there is some vital missing information for anyone to comment on that aspect.
WE are nurses, nobody obtains a nursing license with outgoing through the ringer....so to speak. If and when a healthcare professional commits a crime severe enough to disqualify him/her from working in the health care industry, you WILL be place on the what is called the Exclusion list which is governed by The Office of Inspector General, US Dept of Health and Human Service. There's another list used in the healthcare industry call SAM, System for Award Management, another governement entity. Find yourself on either list and you can kiss your nursing license goodbye! And I don't care how many years you spent obtaining them.
There was no disqualifying reason to terminate other than that "right to work" crap they love to hide under here. Yea, we know, you can be fired for no reasons, good reasons etc, etc.. but you cannot fire for complaining about unfair treatment, fair pay, you cannot retaliate, nor, according to the EEOC can you.. *SEE: Background Checks: What Employers Need to Know
So..the "files missing", can you go before a judge and tell him/ her you "lost" an employee entire file just after they complained about unpaid hours? After it was laid out for you to maintain employee records? Not once, but twice? To maintain payroll? Really?
Good luck trying to get more information on this, Rabrrita.
Betsey Lane, right to work relates to unions, which you say you don't have. You mean at will state.
And on that note, I'm done since this has been like pulling teeth.
Yes "at will", "right to work", "pull the rug while sitting", call it whatever your heart desire, all the same crap to me. Not sure why you felt the need to "pull teeth, I never said I had all the answer, just some knowledge of the situation, be it first, second, or third hand.. SOME not all. You've offered your advice and I appreciate the input . Thank you for comments MPowering1. Good night.
If the employee was due wages and they were not paid those wages and the employer has no valid reason for not paying, DOL will take action. Depending on specific factors, it may just be what is owed, or it can include some additional compensation.
My mistake, I thought you said you had first-hand information.
Discrimination is a tough one because its not just good enough to suspect it. If the company states and stick to this was a routine check based on some error with the files that needed to be completed, and it is necessary for this to be on file, AND we have the right to do a background check during employment, you need some smoking gun to win at discrimination.
Unfortunately, EEOC only gets involved in background check issues if it is based on discrimination because of a person's protected class. Otherwise, EEOC doesn't have any say on background checks. So, there is no advice anyone can give without knowing the basis for that discrimination allegation.
Yes, based on protected class, didn't think I needed to spell it out for you as it is common knowledge that one must be of such class when dealing with the EEOC, forgive me. And yes, I said I had some information, be it from...first hand, second hand or third hand...some, not all. Appreciate your input Rabritta. Thank you .
Last edited by Betsey Lane; 04-08-2015 at 09:41 PM..
Unless she is the only member of the protected class, it's going to be hard to prove discrimination if all other members of that class were getting paid for the training time.
Now if she was one of the whistle blowers for the ethics issues and this was retaliatory, then that's a separate DOL issue, and it may be a valid case but it would not go through the EEOC.
But to be honest, even though she's your friend, that doesn't mean you know what was in her personnel file and what her reviews were like. I worked with someone who I was shocked was let go, but I didn't work directly with her. I assumed she was doing a good job but later found out that there were a lot of issues with her work. You may be making a leap to assume that your friend was a valued worker and that she wasn't fired for cause. You are only getting one side of the story.
No confusion intended. My role in this is... I work there, past and present, also a personal friend to the ex-employee so I have first hand knowledge of what went on. This is the case senario in a nutshell... just asking for input is all. Sorry about the confusion.
Unless you are that employee, supervisor or administrator, you need to keep your nose out of it.
You only have second hand information told to you based on what the employee 'believes' not based on fact or documentation. There are 3 sides to every story and you're only hearing one. If you're hearing 2, you're in way over head and could end up on the chopping block as well.
Unless she is the only member of the protected class, it's going to be hard to prove discrimination if all other members of that class were getting paid for the training time.
Now if she was one of the whistle blowers for the ethics issues and this was retaliatory, then that's a separate DOL issue, and it may be a valid case but it would not go through the EEOC.
But to be honest, even though she's your friend, that doesn't mean you know what was in her personnel file and what her reviews were like. I worked with someone who I was shocked was let go, but I didn't work directly with her. I assumed she was doing a good job but later found out that there were a lot of issues with her work. You may be making a leap to assume that your friend was a valued worker and that she wasn't fired for cause. You are only getting one side of the story.
No assumption, she was a VALUED worker! I'm vouching for her! Plus, she's appoved for UI benefits..."no just cause for termination found".
Besides, having from HR and management a letter of reference helps. Excerpts from LOF: "Since start of her employment, **** has been a joy to have on staff. She respects her patient, fellow co-workers, never late for work or presented a bad attitude etc, etc...................highly professional nurse of great moral character." etc, etc......... "Her pleasant personality and professional approach has won her many accolades from management and others." etc, etc................ending with, " Nurse**** is welcome to work for this establishment if at anytime she desires to return to work.
" Signed ***** Human Resource, and ***** Mangement
Recieved this LOF (letter of reference) prior to her complaints, as she was considering resigning at the time for personal reasons.
Unless you are that employee, supervisor or administrator, you need to keep your nose out of it.
You only have second hand information told to you based on what the employee 'believes' not based on fact or documentation. There are 3 sides to every story and you're only hearing one. If you're hearing 2, you're in way over head and could end up on the chopping block as well.
Thank you, all information is documented. As I stated in the beginning..there a trail of emails to show/bear proof. It's not what she says that matters, but what she can prove. PS: I'm not concern about "chopping blocks", but about what's right and wrong. I'm not only an optimist, but also a friend. I do appreciate your input and words of advice.
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Thank you .