How many things are illegal here?

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phxdouglas

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OK, here is the situation. I think it is sexual harassment, but it seems broader than that.

In a nutshell:

Nurse works for Doctor for two years. Doctor is owner of business and ultimate authority. Doctor says Nurse is an independent contractor, although she: has a regular schedule written up by someone else, has paid vacation and sick leave, has a specific uniform (Scrubs).

Office manager is Doctor's Son. Son handles scheduling, and hires office staff. Son meets Nurse's Daughter. Son likes Daughter. Daughter just out of bad relationship and has no job. Son hire Daughter. Son flirts with Daughter. Son also has current Girlfriend. Son also gets Girlfriend job. Daughter and Son stop dating. Son begins telling Daughter her work is terrible. Office staff stops speaking to Daughter. Girlfriend often mean to Daughter, and is not corrected by Son.

Daughter quits. Daughter writes letter to Doctor explaining how she was treated, and that she quit as a direct result of treatment from Son. Daughter is not contacted by either Doctor or Son regarding her complaint. As Nurse still works for Doctor, Daughter does not pursue.

Son brings up subject often to Nurse. Nurse tells him his actions were unprofessional and he shouldn't be dating his staff. Son occasionally agrees. Nurse also mentions to Doctor that Son shouldn't be dating staff, as it could lead to sexual harassment suit.

About a year passes. Son still keeps bringing up subject, now saying Nurse is holding a grudge against Girlfriend. Nurse says she isn't paying any attention to Girlfriend, but that Girlfriend often does not keep patient files in correct order and it makes her job more difficult.

Son fires Nurse. Doctor seems surprised, but says is Son's call as Office Manager. Nurse is given no specific reason for firing, other than being mean to Girlfriend and "undermining authority" of Son. Nurse is given one day's severance pay.

Do we have any options here?
 
I am Nurse's daughter in law. I am doing research on options for Nurse and for Daughter. Nurse was completely caught by surprise when she was let go. The Doctor only had good things to say about her, the patients liked her... The only person who didn't like her was Girlfriend. Girlfriend was constantly providing Nurse with the wrong patient files, or not providing them on time, and when Nurse complained about it, Girlfriend would start crying, then Son would step in and say Nurse was too hard on Girlfriend.
 
At this point, I think Daughter has a valid sexual harassment suit. Another website said Nurse could also file a sexual harassment suit because she was affected by the behavior.

Nurse also feels she was an employee, not an independant as she was called, and that Doctor owes her for the taxes she was paying, and a decent severance package.

Finally, Nurse's patients are not being given any reason for her disappearance, and feel abandoned. Nurse feels this hurts her professionally because it makes her look flighty and unreliable. Does she have any recourse?

I'd appreciate any advice on this matter. None of us knows how to proceed on this, but we figure we should do something now, before any statute of limitations kicks in.
 
Unfortunately, I have to disagree. Nurse's daughter dated someone of low character who already had a girlfriend and even agreed to go to work for him. Birlfriend also starts working for son. Son and daughter break up and son starts acting like a jerk. (No big surprise there.) Over the coming year, nurse criticizes son's behavior towards her daughter to son and doctor and nurse is eventually fired.

What we have here is a messy personal relationship that caused hard feelings and awkward relationships in the workplace. Everything the son did was unprofessional (to say the least) but it wasn't sexual harassment.

I do agree that the nurse may have a complaint to bring with the DOL over her status; she very likely should have been treated as an employee, not an IC.
 
I agree with Beth. When you date your coworkers you are opening the door to all kinds of trouble. Because nurse was fired and daughter quit, does not mean anything illegal occured.
 
Dang. I thought it was sexual harassment because Daughter and Son started dating AFTER she was hired, and then when the relationship ended he became verbally abusive to her, and because her work was unacceptable only after they'd broken up.

As to Nurse, she never brought the subject up. Son kept bringing it up, and asking Nurse whether she approved of Girlfriend and so on. Nurse actually asked him why he was trying to discuss his personal relationships with her, because she didn't think it was appropriate to discuss at the workplace, especially given the Daughter deal.

On the medical side, is there a board or someone Nurse can complain to? Her patients think she just up and quit, and feel abandoned. They've been told only that Nurse left, not why.
 
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