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Hostile Work Environment Definition
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Do Nurses in a Hostile Work Environment Have a Duty to Second Guess the Doctor?

Nurses_SpeakUp

When a patient sues a doctor, the patient often wants to sue the nurses too. Why? Because if the patient can convince the jury that not only the doctor, but also the nurses, made a mistake then the doctor’s insurance and the hospital’s insurance are on the hook. It’s about finding as many deep-pockets as possible. Often times, the nurses didn’t make any mistakes. The nurses are supposed to follow the orders given by the doctor. And they usually do. So how can a patient and his/her lawyer sue a nurse who simply followed doctor’s orders? One of the most frequent tactics is by claiming that the nurse failed because the nurse followed the doctor’s orders. That’s right, the patient argues that the nurse should NOT have followed orders, but instead should have spoken up to stop the … [Read more...]

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Whistleblower Protection for Nurses in Health Care Reform Bill

Protected from Whistle Blowing by New Health Care Reform Bill

The "Health Care Reform Bill" that has been at the top of the news lately contains some good news for nurses, nursing home employees, and other health care workers who are suffering under a bullying boss or being harassed at work. Now this reform bill, which is actually named "The Patient Protection and Affordable Care Act of 2009," does not outright prohibit bullies in the healthcare workplace. Although it would be a good idea to catch the U.S. up with the rest of the civilized world, we're still a ways off from making it illegal to purposefully ruin another person's career. But, this law can be a another tool that you can learn to use in your fight against an unfair supervisor. Specifically, the Bill gives whistleblower AND retaliation protection to health care workers! The … [Read more...]

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Whistleblower Stops The Train of Hostile Work Environment

locomotive

Federal OSHA ordered Union Pacific Railroad to give the welder his original job back, repay the welder for all the time and mileage he spent commuting to the second job he was transferred to, pay his attorney fees and pay him compensatory damages. OSHA doesn't release the names of employee-whistleblowers, but here's what we do know about the situation: the employee was a welder based in Beverly, Iowa, who worked on repairing railroad tracks for Union Pacific Railroad. You've heard the old adage that you're never supposed to stop on railroad tracks, right? Well that's exactly where this welder spent his work day -- sitting on railroad tracks. It's dangerous work. So one day he is particularly concerned about on-coming trains. In fact he goes to his Track Manager and asks for a lookout. … [Read more...]

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The Whistleblower Wins Money. Big Money.

A male flight crew employee working for "Southern Air Inc", which is a cargo airline, complained twice to managment about safety concerns. First he complained about inadequate rest breaks. Then he complained about being forced to work extra hours, beyond what the FAA allows by law. So what happened next? Southern Air retaliated against the employee, of course! First he received less work. Then the company "discovered" problems with his job performance. Then, in April of 2008, he was terminated. After being terminated the employee filed a complaint with a regional office of OSHA.  OSHA investigated, and found that the employee's complaint had merit.  OSHA issued a prelimiary opinion, ordering Southern Air to pay the terminated employee: "$300,000 for loss of career wages, $135,240 in … [Read more...]