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Harassment and/or Discrimination

Discussion in 'Human Resources' started by Dani P, Sep 1, 2021.

  1. Dani P

    Dani P Law Topic Starter New Member

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    Jurisdiction:
    Kansas
    I have been employed as nurse by the same organization for 26 years next month. I have 2 degrees, BSN and MBA in addition to national certification in my area of specialty. In December 2019 I sustained an injury to my left knee at the hands of my crazy Labradors. They truly meant no harm. The result was a horizontal tear on my meniscus. I had arthroscopy on February 14, 2020. Ever since then I have suffered knee pain requiring injections and also hindering my ability to walk normal and without pain. Most recently I was seen in my orthopedic surgeons office and a total knee replacement was recommended. I have scheduled my surgery for November 15 of this year. And it seems by advising them today they have plenty of notice. However, today my director says she doesn’t know if she can allow me the time off for surgery. I will likely be off 6-8 weeks. I do have PTO and EIB as well as short term disability and qualify for FMLA. Can she really deny my request to be off for my surgery?

    In addition, this same organization refuses to promote me despite my qualifications. I am never interviewed and those with much less experience are always given the promotions.

    I have considered filing a grievance and feel like my director has just been plain disrespectful.

    I also want to add that many local firms are fearful of taking on this organization. In the event I have a case, I need the meanest snake in the grass attorney there is.
     
  2. justblue

    justblue Well-Known Member

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    You should take your concerns to your Union Rep.

    This site doesn't make attorney referrals and any attorney that trolls advice sites for clients you should stay clear of.

    https://www.ksbar.org/
     
  3. Dani P

    Dani P Law Topic Starter New Member

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    We are not permitted union representation
     
  4. justblue

    justblue Well-Known Member

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    Okay...Then you can get a referral to a local Employment Law Attorney by calling the Kansas Bar Association.

    I'll tag this thread so @cbg can advise...She is one of the Employment Law experts.
     
    Dani P likes this.
  5. Dani P

    Dani P Law Topic Starter New Member

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    Awesome. Thank you for your assistance
     
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  6. justblue

    justblue Well-Known Member

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    You're very welcome, Dani. :)
     
  7. sandyeggo

    sandyeggo Member

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    What's you never being promoted have to do with your knee?
     
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  8. Tax Counsel

    Tax Counsel Well-Known Member

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    If you qualify for FMLA leave the employer must grant that to you. Are you sure that you do qualify for it? You must work for a covered employere and be a qualifying employee. See the U.S. Department of Labor (DOL) Fact sheet #28 for the details of both of those. I know nothing about your paid leave program (PTO) — every employer can have a different one so just telling me you have PTO doesn't mean much. And I have no idea what you mean by EIB.

    The reason why you are not promoted matters. So what is the reason the employer is passing you over? Have you discussed that with your management or HR people? Have you asked what you can do to make yourself a better candidate for promotion?

    Few good litigators will have any fear taking on your healthcare organization if you have a good case. And what you'd need is a good litigator, not the "meanest snake in the grss attorney". Many of the attorneys who act the most aggressive and portray that "junkyard dog lawyer" personality may impress their clients with that approach but often are not the best litigators. Really good litigators don't need to act like a-holes to the opposing party and its counsel or get in the face of the judge to be really effective. Rather, doing that kinds of stuff tends to work against the interests of that lawyer's clients.
     
  9. justblue

    justblue Well-Known Member

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    I think it stands for "Extended Illness Benefit".
     
  10. cbg

    cbg Super Moderator

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    Why do you think this is? That's an honest question - it can affect what options you have. If you had to guess, what is their reason for not promoting you?

    With regards to your surgery, how much time, if any, have you already missed this year with relation to your knee?
     
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  11. Tax Counsel

    Tax Counsel Well-Known Member

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    And not just for your knee, but for any other medical issues, whether for yourself or members of your immediate family?
     
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  12. Redemptionman

    Redemptionman Active Member

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    The promotion part could be bitter tears, but who knows what it takes to get promoted these days.

    It isn't always how hard or good you work but how smart and who's butt you kiss the most.

    Good Luck.
     
  13. Dani P

    Dani P Law Topic Starter New Member

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    Promotions are based on who you know not what you know. And they only want individuals that follow their lead and never ask question. Typically brain washable individuals.
     
  14. Dani P

    Dani P Law Topic Starter New Member

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    Truthfully, 20 plus years ago I called out the CNO on her bullshit. When I was an ICU nurse it was mandated that we could not take vacation between November 15 and January 2. We were also mandated to take call. While other floors could take vacation whenever they wanted. I got called in during this time because we had to hold floor patients because the nurses on that floor were granted vacation. I was told by the CNO that they were entitled to their vacation. I told her so was I.
     
  15. Dani P

    Dani P Law Topic Starter New Member

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    I have missed maybe 2 days this year as a result of my knee. When I had my arthroscopy in February 2020 I was off a week. In the spring, less than 8 weeks post procedure I was forced and even threatened with termination to return to the ICU. The constant up and down and moving of critically ill patients had an effect on my knee by about my 5th week in the ICU. I subsequently had to take off for a week as I could barely walk.
     
  16. Dani P

    Dani P Law Topic Starter New Member

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    When I say I have been a faithful and loyal employee I sincerely have been. I have been there almost 26 years. In that time I have only used my FMLA on 2 prior occasions. In 2008 for back surgery. And 2019 to care for my mom because she did not qualify for inpatient rehab. I have also only received a written corrective action on 3 occasions
     
  17. Dani P

    Dani P Law Topic Starter New Member

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    I have been told by my nurse manager today that my director is aware that she angered me by her statement. I think this is an understatement
     

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