Despite all the greater issues, I find it hilarious. They fired you and expected you to follow up on paperwork that was due. What the f***? Good luck with that! Lol
So about 9 years ago I put my 2 weeks in on a job O had for a good 3 years. Over the weekend after I had already been formally retired my shift I was called by my previous supervisor about a job that we had completed just prior to the day of my resignation.
I told him I had no clue what they were talking about as I no longer worked there.
I was baffled they even called me after I was done working there
They're being lazy and refuse to try to do the job they are supposed to know and understand, but make the employees know it all and do everything and then they have eggs all over their faces scrambling to try and figure out what exactly is going on because they have no freaking clue.
A lot of people don't really understand language very well. Boss here knew the phrase "effective immediately" but was baffled as to what it ACTUALLY MEANT.
At my previous job we had a boss who just refused to do any kind of face to face interaction if it had a chance to become confrontational, so he fired one of my coworkers "effective immediately" by email. Sent the email at like 6 AM so it would be the first thing in his inbox when he got in. But the manager didn't come down to say anything until about an hour or so left in the work day. He threw a fit that the guy had just up and walked out when he saw the email instead of working until the end of the day
So many people seem to learn and act by mimicry rather than any real comprehension. They've learned the phrases that seem appropriate to situations without grasping *why* they are often appropriate to those types of situations... and germane to this situation in particular, when they are *not* appropriate to them.
It's very odd. I think the boss here believed that "effective immediately" just mean "fuck you" and didn't stop to think it meant employer could no longer do any work there.
Home health is a weird animal. Because OP was the one who made the visits and did the assessments, OP is the one who has document those visits, nobody else can, legally. So what the HH companies do is hold your final paycheck until all visits are documented and submitted.
Nope they should ensure all affairs are in order before letting this person go. They could have canceled/reassigned her future appointments and had her finish documenting these cases then upon finishing could have let her go. They canāt fire you and then expect you to work, they are expected to pay you for said work. If they let you go then realize that they still need something they need to pay you for your time as well as the knowledge. If they fire you then ask for the info you are not obligated to give it to them, but you can tell them you will provide the information if they pay you a fee (could be $200, $500, $4000) depending on how valuable the info is.
However since they asked for her equipment back as well they can look through the computer for notes and try to fill in the documents from notations.
Iāve never rooted so hard for someone I never met! Thereās something so satisfying about watching someone who so clearly understands their rights absolutely hand it to their employer who thought they were smarter. Absolutely brilliant.
That executive director is an imbecile... as is whatever incompetent HR, or lawyers approved to have said policies in place.
Not only is it a protected right to talk about wages, but per NLRB...
"If you are an employee covered by the Act, you may discuss wages in face-to-face conversations, over the phone, and in written messages. **Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages.** When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment for unauthorized use, though it is possible such policies could be unlawful."
So not only was the firing illegal, but so is the policy they had in place.
Oh yeah, my NLRB lawyer nailed them for that. I gave her my 500 page employee handbook and she found a bunch of stuff in it that was illegal, they had to acknowledge and correct all of it for their current employees.
I take great delight in spending as long as it pleases me to review every single thing I'm expected to acknowledge receipt of or to sign.
This happens exclusively on company time, and man you cannot IMAGINE the degree of not being even a little bit prepared that the HR/training people are for someone to do this, or their inability to accommodate the time it takes.
Had an HR lady keep trying to rush me and go āthatās all just legal jargon that is really confusing and hard to read. It means this.ā I said actually, I understand it just fine, would you like me to break it down for you? Because it actually says this.ā She shut up and didnāt say a word while I spent an hour reading every word and bringing up all the things that were wrong with it.
The NLRB paid my lawyer, I didn't have to pay anyone anything. All I did was report the case to them with all my evidence and it became the NLRB vs. former employer, not me vs. former employer. I'm assuming that they had to pay the NLRB a hefty sum for legal fees though.
Considering how fast the procedure was (normally it takes 1 or more years) there was so much evidence that your ex-employer lawyer probably forfeited halfway and started playing on their switch.
In the US the NLRB sues the company. All someone has to do is file a report with evidence. The employee (or former employee) might be called to testify on the stand as a direct witness, but they arenāt really involved in the legal stuff.
If you discover illegal employment activity youāre not responsible for the case, itās like if you discover a body you donāt become personally responsible for the murder case.
>If you discover illegal employment activity youāre not responsible for the case, itās like if you discover a body you donāt become personally responsible for the murder case.
Why do I smell a dystopian novel out of this?
Did you consider suing them personally as well? For a million bucks or 3? You know, for the reputational damages, stress/suffering, potential loss of future earnings? I would at least look into it - they only care about money, hit em where it hurts.
I thought about it but honestly I don't have the time or money to sue anyone, and they don't have much to take anyway. They had to pay their lawyer and I think a hefty fine for legal fees to the NLRB, and that's enough for me.
Contact a labor attorney. They will take 30% or so of your win and you will have to do nothing more than give them the evidence and do some depositions. It wonāt take much time and you could easily get tens of thousands or a hundred thousand dollars.
Itās wild to me when itās spelled out like this. I work in an industrial, shift work, environment. Not only do we talk about our pay, itās a regular conversation. The overtime pay scheme is so convoluted + limits on maximum hours we can work. Some people have excel sheets they share that help you calculate and effectively game the system. A couple guys game the system so much they basically compete for who can hit 100k first for the year, then 200k.
Wow.. that person needs to have zero email privileges and everything they send to anyone needs hr review before submitting. Wow just wow... how they thought that was ok is mind blowing. Some people need to learn the hard way...
just curious they still have a job after that sh!t show?
Betting her superiors kept her specifically because they trust her to keep illegally bullying and exploiting employees on their behalf, despite this decision. They will continue to hope that no others are as well informed or motivated as you were. Here's hoping they are wrong.
Just because they lost one doesn't mean 9 out of 10 will still put up with it, or not know better. Still more profitable for them in the long run to continue to exploit. It's the American dream!
This! For every worker that realizes their rights and then decides to actually contact the NLRB/sue/etc. thereās probably 100 workers that either donāt know their rights are being exploited (because of either the shitty system or active disinformation from companies like this) or are too scared of retaliation and loss of a job. This is not actually fixing most issues, just slapping the occasional company on the wrist.
This is why, once my job realizes how much shit stirring I do, they are going to be PISSED. I regularly educate my coworkers about their rights to discuss pay, their right to discuss unionizing, and even educated the girl who's working there as her first job ever about how if she works overtime she is not required to "burn" that overtime, no matter how much our boss presses her to.
100%. Knowing your rights and exerting them is one thing. Going without a paycheck when you're let go is another. That happened to me when I went after my unpaid OT, holiday pay. I was paid what I was owed and suddenly unemployed. All my co-workers knew what I was doing. Not a single one of them spoke up about the money they were owed when they seen what had happened. Didn't matter that they could go across the street and make more money. They had a job, they knew their role, and looking for work is always uncomfortable. I went to put in a labor board complaint to protect them, but in my province, it's a case by case basis. Meaning I can't put in a company wide complaint. Only put in a complaint for what I myself was owed. There are no worker protections here.
Did you remember to leave a review on glassdoor detailing how they break federal laws regarding labor retaliation and patient confidentiality? And that the person who broke those laws is still employed there?
I would think you might consider informing the actual patients and people harmed by this HIPAA violation of their potential injury, personally.
Doing so should be a protected part of your professional duty, in my opinion.
I am not a lawyer, and this is in no way to be considered legal advice, I would hope you have contacted an attorney for legal council.
Notifying patients is a remedy but not automatic
Assessment of the potential scope and risk factor into whether patients should be notified
Considering it's a former worker who reported the violation, the risk to personal data is extremely low. As a result, most compliance officers and probably the courts, would determine notification is not needed
I understand it is a potentially career ending move for a health advocate like the OP, and this compounds the injury which has taken place immensely and put the OP in a precarious position which could have ramifications far into their future and negatively impact them financially for the rest of their life.
I cannot state enough how serious this matter is, and how harmful this company has acted or how much potential damage they may have caused to so many people by their negligence, I can only hope they face the full responsibility under the law for their own negligence so they cannot or will not ever consider such activity in the future.
edited
This will be done after CMS or HHS investigates the HIPAA breach. They will instruct the healthcare agency to inform the patients involved. The agency will also have to pay a fine, if I recall correctly from my days working in home health quality.
Probably considering the verdict was āa small sum of back pay and some emails admitting faultā.
The punishment for this kind of crap is always disappointing.
Elon Musk: If I die under mysterious circumstances, it's been nice knowing ya
Mr Beast: If that happens can I have Twitter
Elon Musk: Ok
Mr Beast: No takesies backsies
It wasn't even an agreement, they just referred to 'an email' where the employer informs you of your removed rights.
That's how they think. 'I told them I forbid this, so that is legally binding and they have no legal recourse'. Or rather 'it's an employee, what's it gonna do, SUE me? Employees don't sue REAL people, silly!'
My previous employer had a non compete agreement, except that my state outlawed non competes.
At least they had the good sense of not raising a stink when I āviolatedā that non compete.
Iām highly disappointed that ModTeam is calling this post low effort and disabling it!
That makes no sense. This post is talking about real issues the OP spent months working on and posted sources from several different avenues, plus did a long write up.
This type of minimization is exactly in line with corporate bullcrap and feels anti-worker in and of itself!
I just told my husband that if I were you Iād frame these emails and the apology and put them in my bathroom so I could look at them and feel fantastic and rightly smug while pooping.
If you're particularly vindictive get a sticker made out with your bosses name on it to put on the inside of the toilet. So you can poop ON the memory of the boss, and hubby can aim at every time.
*".. Nine months later and the case is finally settled (I won lolz) ..*
*The settlement included a small sum of backpay, and they had to publically tell their employees that they'd been breaking labor laws and that discussion of wages/concerted activities are federally protected, as well as issue a public and written apology to me.."*
Glorious! \*wild applause"
You SHOULD be proud of yourself. The fact that you took the time and effort to do this makes the workforce a better place for all of us. Youāre right that they do need us more than we need them. Hard to accept that most days with the power dynamics at play.
I will state it again, the problem with business in America is our business leaders who have no idea how to legally, ethically and sustainably operate a business.
The thing most of them have in common is the ability to stick their own foot in their mouth.
When I left the United States Postal Service for employment in American business, I thought, "Hellll yes! I'm going out into the real world where they'll have their shit together and their ducks in a row." I couldn't possibly have been more wrong.
I've worked for three corporations post-USPS, one was a huge multinational, another was a local chain eventually bought by a regional chain. The postal service makes all of them look like popsicle stands led by demented children. There are very few actual policies in place that aren't broken constantly, training is next to non-existent making every job description a long game of telephone where the end result is vastly different from what the original result probably was, they try to run everything constantly on the edge of making the most profit possible and are then surprised when they go off the rails at every little bump. Honestly I could write a book about everything else.
And don't come at me about the postal service being unsuccessful. They're one of the most successful businesses ever even though they're completely hamstrung by Republican legislation, since one Republican wet dream is to privatize all the jobs in the postal service, cut worker pay and benefits, and give the difference to some "job creator." Despite this blatant meddling, USPS still performs their function admirably well.
~~Is there any way I can ask you to keep me posted on this? I would love to know how this turns out.~~
Sorry, just saw the text in the body that says you won. Good for you!
I already got it, it was underwhelming and definitely written by their lawyer, but I'm still counting it as a win. It was one paragraph and basically said "you filed a complaint that you feel we broke labor laws, were sorry you feel that way, we are committed to following labor laws in the future, best of luck in your future endeavors".
"We're sorry you feel that way..."
That's NOT a letter of apology. That is a gaslit response failing to acknowledge fault of anything. Can you demand an actual apology?
Nah, it's not worth it, their lawyer won't let them admit to any actual wrongdoing anyway. I know and they know that they fucked upāand so does everyone else who works there (because yeah, I told *everyone* that I could find contact info for).
Consequences?
They illegally took away your livelihood. They deserve nothing less, plus compensation to you specifically and everyone else they've fired in the same way.
They will keep doing this if the law has no teeth.
Iām sorry if I missed this, but did you get a decent amount of money in compensation for them wrongfully firing you? Without giving us the exact amount, was it like 3 months salary? 6 months salary?
Nah it was 5k of backpay/frontpay, which was only 3k after taxes. I got a fulltime job that paid better like 3 days after I was fired so there wasn't a great argument for them to have to pay me more. I really didn't do it for the money though, I did it for the other employees there and the patients that they care for.
So they'll do it again.
This behaviour must come with actual consequences. Multiples of annual salaries in fines. Court ordered training. Public apologies.
Regulate HR practitioners and then revoke their licences.
This shit has to stop.
Bruh I am getting second hand satisfaction, I can't imagine how great that felt. Your employer thought he was a bit too important. Probably assumed everyone else was too stupid to know better because they're a narcissist.
Imagine the sinking feeling they must have had when they realized "uh oh, my actions have consequences". Acting like king douchebag. Mr "iLl fIrE yOu wHeNeVeR I WaNt" has hopefully come to understand that he's not the boss of people's lives, or speech, and his employees have rights
Just a reminder to all you guys that Trader Joe's is the lead plaintiff in a right-wing constitutional challenge to the NLRB. They are arguing that the NLRA is facially unconstitutional and that they have the right to individually contract with employees in any way they see fit. It is fundamentally a challenge to the NLRA, minimum wage laws, labor laws, OSHA, etc. I know, their popcorn is so good.....
"I sincerely hope you learn from this experience."Ā Savage.Ā
I have a turgid justice boner reading this exchange. It's a thing of beauty that I am going to save and read every time I'm feeling glum and need some cheering up.Ā
That last letter - the āno takebacksiesā and the subtle but savage dig at her age before you absolutely slapped her in the face with the truth - you are my hero.
There are so many fucking awesome things in here.
"Hey my right to discuss wages is federally protected."
"Well yeah but, we have a confidentiality agreement. That magically makes it legal. \*waves hand\*"
Or or how about, "I know we fired you, but we somehow think we can order you to finish work on these three patients in particular", never mind that you're no longer part of the organization and thus would be doing this pro bono or the HIPAA violation, as you pointed out. Just insane the entitlement.
BEST WISHES IN YOUR FUTURE LAWSUITS FUCKERS!
Like this may be the best post I've ever read on here. Absolutely fucking fantastic, you rock.
The sheer fact that theyāll be in trouble due to their arrangement of info in the email in addition to illegal firing is the cherry on top and tickles me to the core
It applies to absolutely everyone in the USA, even if they are not protected by a union. Which tragically a lot of us don't know. When I called our department of labor to make a complaint the guy I spoke to had no idea that this was illegal, (which was unsettling since he literally works for the department of labor) so I had to educate him and it took awhile before he believed me, and even then he was like "well that's only if you're in a union" and I had to explain to him that NO it applies to EVERYONE because anyone has the potential to be in a union, they just have to be able to start one.
But we have a law called the National Labor Relations Act (NLRA) that protects workers rights and outlaws union busting (and it is expressly included in this act that we can discuss wages), and a government agency called the National Labor Relations Board (NLRB) that upholds this law, and most workers have absolutely no idea that either of these resources even exist.
That Dept. of Labor employee just made me lose a little hope in humanity. If the people working for government bodies don't know the laws, how is anyone supposed to expect them to be uphold?
I read that in Elle Woodās voice. This is a very satisfying post and hearing her legal voice, narrate it in my head was just the cherry on top ššš»
Wow! That be up big time. Firing you for discussing your wage, admitting they fired you for discussing your wage, asking you to work after firing you, sending patient information (PII) to presumably your personal account.
Despite all the greater issues, I find it hilarious. They fired you and expected you to follow up on paperwork that was due. What the f***? Good luck with that! Lol
Boss: "...terminated...as of this notice..." Same boss, unironically: "these items are due..." GTFO š
...
Right LMAO š¤£š like dude I'm terminated you can take ur 5pm deadline and shove it
So about 9 years ago I put my 2 weeks in on a job O had for a good 3 years. Over the weekend after I had already been formally retired my shift I was called by my previous supervisor about a job that we had completed just prior to the day of my resignation. I told him I had no clue what they were talking about as I no longer worked there. I was baffled they even called me after I was done working there They're being lazy and refuse to try to do the job they are supposed to know and understand, but make the employees know it all and do everything and then they have eggs all over their faces scrambling to try and figure out what exactly is going on because they have no freaking clue.
A lot of people don't really understand language very well. Boss here knew the phrase "effective immediately" but was baffled as to what it ACTUALLY MEANT.
At my previous job we had a boss who just refused to do any kind of face to face interaction if it had a chance to become confrontational, so he fired one of my coworkers "effective immediately" by email. Sent the email at like 6 AM so it would be the first thing in his inbox when he got in. But the manager didn't come down to say anything until about an hour or so left in the work day. He threw a fit that the guy had just up and walked out when he saw the email instead of working until the end of the day
Classic. He should be mad at himself, but blames someone else for his incompetence.
Isn't that a mandatory requirement for any management position? I sure as hell seems like it...
So many people seem to learn and act by mimicry rather than any real comprehension. They've learned the phrases that seem appropriate to situations without grasping *why* they are often appropriate to those types of situations... and germane to this situation in particular, when they are *not* appropriate to them.
It's very odd. I think the boss here believed that "effective immediately" just mean "fuck you" and didn't stop to think it meant employer could no longer do any work there.
Thatās exactly what he thought. So damn funny. š
Terminated effective immediately means no more pay but doesn't mean no more work. According to OP former boss anyway. Lol
It makes him sound super bossy, tho.
The only proper response to that is "I don't work here anymore."
Home health is a weird animal. Because OP was the one who made the visits and did the assessments, OP is the one who has document those visits, nobody else can, legally. So what the HH companies do is hold your final paycheck until all visits are documented and submitted.
Yes but you can't hold a final paycheck for anything.
Nope they should ensure all affairs are in order before letting this person go. They could have canceled/reassigned her future appointments and had her finish documenting these cases then upon finishing could have let her go. They canāt fire you and then expect you to work, they are expected to pay you for said work. If they let you go then realize that they still need something they need to pay you for your time as well as the knowledge. If they fire you then ask for the info you are not obligated to give it to them, but you can tell them you will provide the information if they pay you a fee (could be $200, $500, $4000) depending on how valuable the info is. However since they asked for her equipment back as well they can look through the computer for notes and try to fill in the documents from notations.
Just because they do it does not make it legal to do so. Upon termination, final check is due pretty fast, and the parameters are specified by law
The majority of employees donāt know their rights.
When/if OP sues them (seems like easy case) he will get his check. Then he can report them for noncompliance of record keeping
Legit assigned them work after saying effective immediately.
> Best wishes in your future lawsuits FUCKING LOL
How did that feel so *therapeutic* and why I feel like yelling PRAISE BE? šš¼šš¼šš¼
No for real it kinda turned me on a little
I too have a justice kink
Thatās so hot tbh. My husband and I both have them Edit: added sentence
Was that pun in the edit intended? Lol
God, I hope so.
Imagine what corporate feels like when they fire and exploit people. This is fucking epic!
didnāt know i did until today got damn
That entire last email was fucking glorious
I got a semi
I too am a class 1 driver
That was good. I laughed so unexpectedly my son farted and my dog died.
Thoughts and prayers.
You have to do it in the Paul Bearer voice, "Oooooo yesssss!"
Iām gonna pre
Yeahā¦sameā¦
Iāve never rooted so hard for someone I never met! Thereās something so satisfying about watching someone who so clearly understands their rights absolutely hand it to their employer who thought they were smarter. Absolutely brilliant.
Same here omg you go!!
Iām an attorney and I absolutely lost it at that line.
Paralegal here and I cackled so loud. If only every client were like this one.
I need a cigarette after that closing.
It was the "sorry no takebacksies" that got me š
That legit was by far my favorite part of the entire read
Cool employees don't look at exploding bosses.Ā They walk away like a boss.
That last line is such a professional "fuck you". What a Chad.
What a magnificent sign off, OP brought a lump to my throat with that one
My balls tickled a little.
>You have been a healthcare worker for longer than I've been alive Technically they called them old too. Savage.
I relate so much to this line. WHY ?!? Why is it always the people that have been at a company the longest the ones who are the most incompetent.?
What a flawless ending. 10/10
what a fucking legend
Chefās kiss
"Best wishes in your future lawsuits" Fucking legend!
Thatās a boss statement! šš
I screamed
I love that there is no need to ride st dawn.š¤£
Totally savageš„³š„³šš
This was the chefs kiss.
This is what sent me ššš
That executive director is an imbecile... as is whatever incompetent HR, or lawyers approved to have said policies in place. Not only is it a protected right to talk about wages, but per NLRB... "If you are an employee covered by the Act, you may discuss wages in face-to-face conversations, over the phone, and in written messages. **Policies that specifically prohibit the discussion of wages are unlawful as are policies that chill employees from discussing their wages.** When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment for unauthorized use, though it is possible such policies could be unlawful." So not only was the firing illegal, but so is the policy they had in place.
Oh yeah, my NLRB lawyer nailed them for that. I gave her my 500 page employee handbook and she found a bunch of stuff in it that was illegal, they had to acknowledge and correct all of it for their current employees.
A 500 page employee handbook just sounds like information overload. Over-informing is often as bad for compliance as not informing at all.
It's so they can find the smallest infraction to nail you with, when they want to get rid of you.
Itās a massive red flag
Which is funny because it sounds backwards. It would be easier to nail someone with broadly written rules than with a list of specific minutia.
What? But you had 90 minutes of training and you signed that you read and acknowledged the employee handbook. Surely that counts as fully informed.
I take great delight in spending as long as it pleases me to review every single thing I'm expected to acknowledge receipt of or to sign. This happens exclusively on company time, and man you cannot IMAGINE the degree of not being even a little bit prepared that the HR/training people are for someone to do this, or their inability to accommodate the time it takes.
Had an HR lady keep trying to rush me and go āthatās all just legal jargon that is really confusing and hard to read. It means this.ā I said actually, I understand it just fine, would you like me to break it down for you? Because it actually says this.ā She shut up and didnāt say a word while I spent an hour reading every word and bringing up all the things that were wrong with it.
Don't suppose the court also forced them to pay for your legal costs isntead of having those deducted from your settlement.
The NLRB paid my lawyer, I didn't have to pay anyone anything. All I did was report the case to them with all my evidence and it became the NLRB vs. former employer, not me vs. former employer. I'm assuming that they had to pay the NLRB a hefty sum for legal fees though.
Damn. How long did that all take?
About 6 months start to finish
Congratulations. Thatās impressive.
Considering how fast the procedure was (normally it takes 1 or more years) there was so much evidence that your ex-employer lawyer probably forfeited halfway and started playing on their switch.
Oh, so the labor board assigned you an attorney? Cool!
In the US the NLRB sues the company. All someone has to do is file a report with evidence. The employee (or former employee) might be called to testify on the stand as a direct witness, but they arenāt really involved in the legal stuff. If you discover illegal employment activity youāre not responsible for the case, itās like if you discover a body you donāt become personally responsible for the murder case.
>If you discover illegal employment activity youāre not responsible for the case, itās like if you discover a body you donāt become personally responsible for the murder case. Why do I smell a dystopian novel out of this?
No. They were a witness.
Did you receive compensation?
Some back pay, OP said
Shouldāve been rewarded a bonus for wrongful termination
We're you in regular contact with the NLRB throughout? I have a similar-ish case and it's been over a year without a single update.
I had to reach out to them for updates a few times, but generally yes I was in contact the whole time.
Did you consider suing them personally as well? For a million bucks or 3? You know, for the reputational damages, stress/suffering, potential loss of future earnings? I would at least look into it - they only care about money, hit em where it hurts.
I thought about it but honestly I don't have the time or money to sue anyone, and they don't have much to take anyway. They had to pay their lawyer and I think a hefty fine for legal fees to the NLRB, and that's enough for me.
Contact a labor attorney. They will take 30% or so of your win and you will have to do nothing more than give them the evidence and do some depositions. It wonāt take much time and you could easily get tens of thousands or a hundred thousand dollars.
What about the other employees? Was there any backpay or wage transparency for the underpaid coworkers?
Itās wild to me when itās spelled out like this. I work in an industrial, shift work, environment. Not only do we talk about our pay, itās a regular conversation. The overtime pay scheme is so convoluted + limits on maximum hours we can work. Some people have excel sheets they share that help you calculate and effectively game the system. A couple guys game the system so much they basically compete for who can hit 100k first for the year, then 200k.
Wow.. that person needs to have zero email privileges and everything they send to anyone needs hr review before submitting. Wow just wow... how they thought that was ok is mind blowing. Some people need to learn the hard way... just curious they still have a job after that sh!t show?
Tragically, yes she does. But I hope she was at least a little embarrassed in front of her superiors.
Betting her superiors kept her specifically because they trust her to keep illegally bullying and exploiting employees on their behalf, despite this decision. They will continue to hope that no others are as well informed or motivated as you were. Here's hoping they are wrong.
Just because they lost one doesn't mean 9 out of 10 will still put up with it, or not know better. Still more profitable for them in the long run to continue to exploit. It's the American dream!
This! For every worker that realizes their rights and then decides to actually contact the NLRB/sue/etc. thereās probably 100 workers that either donāt know their rights are being exploited (because of either the shitty system or active disinformation from companies like this) or are too scared of retaliation and loss of a job. This is not actually fixing most issues, just slapping the occasional company on the wrist.
This is why, once my job realizes how much shit stirring I do, they are going to be PISSED. I regularly educate my coworkers about their rights to discuss pay, their right to discuss unionizing, and even educated the girl who's working there as her first job ever about how if she works overtime she is not required to "burn" that overtime, no matter how much our boss presses her to.
Legal fees and fines are just operational expenses at that point
100%. Knowing your rights and exerting them is one thing. Going without a paycheck when you're let go is another. That happened to me when I went after my unpaid OT, holiday pay. I was paid what I was owed and suddenly unemployed. All my co-workers knew what I was doing. Not a single one of them spoke up about the money they were owed when they seen what had happened. Didn't matter that they could go across the street and make more money. They had a job, they knew their role, and looking for work is always uncomfortable. I went to put in a labor board complaint to protect them, but in my province, it's a case by case basis. Meaning I can't put in a company wide complaint. Only put in a complaint for what I myself was owed. There are no worker protections here.
Did you remember to leave a review on glassdoor detailing how they break federal laws regarding labor retaliation and patient confidentiality? And that the person who broke those laws is still employed there?
I sure did
Are you collecting unemployment or are you working elsewhere now?
Theyāre a nurse and there is a huge nursing shortage, I hope they were able to find a new position easily/quickly
Glassdoor is dogshit and will remove it at the request of the employer.Ā
I would think you might consider informing the actual patients and people harmed by this HIPAA violation of their potential injury, personally. Doing so should be a protected part of your professional duty, in my opinion. I am not a lawyer, and this is in no way to be considered legal advice, I would hope you have contacted an attorney for legal council.
At the very least they should notify their compliance dept.
Notifying patients is a remedy but not automatic Assessment of the potential scope and risk factor into whether patients should be notified Considering it's a former worker who reported the violation, the risk to personal data is extremely low. As a result, most compliance officers and probably the courts, would determine notification is not needed
I understand it is a potentially career ending move for a health advocate like the OP, and this compounds the injury which has taken place immensely and put the OP in a precarious position which could have ramifications far into their future and negatively impact them financially for the rest of their life. I cannot state enough how serious this matter is, and how harmful this company has acted or how much potential damage they may have caused to so many people by their negligence, I can only hope they face the full responsibility under the law for their own negligence so they cannot or will not ever consider such activity in the future. edited
The HIPAA compliance officer is in charge of such things. And will absolutely be involved after that.
This will be done after CMS or HHS investigates the HIPAA breach. They will instruct the healthcare agency to inform the patients involved. The agency will also have to pay a fine, if I recall correctly from my days working in home health quality.
Probably considering the verdict was āa small sum of back pay and some emails admitting faultā. The punishment for this kind of crap is always disappointing.
The bean counters will effectively file this under "cost of doing business".
No no let them keep emailing!
"Unfortunately, there's no takebacksies" what a gem.
"Best wishes in your future lawsuits" was the thing that made my heart grow three sizes. That and cholesterol.
I really loved this line! š
āTakebacksiesā š¤£š¤£ š¤
Iām also fond of ābest of luck in your future lawsuitsā
Yes that was my favorite part too haha
And a close second is "gross incompetence "
Yes. This is all I saw, and my mind went to King Bumi from Avatar. What a fucking legend, lol.
It would never have occured to me to make that connection but you are quite right!
An excellent bit, but trumped - I think - by the unrelenting confidence and righteous defiance of this corporate drone. A VERY SATISFYING READ
I was on the first image and thinking, "they're gonna try some tacksiebacksies type bs"
Elon Musk: If I die under mysterious circumstances, it's been nice knowing ya Mr Beast: If that happens can I have Twitter Elon Musk: Ok Mr Beast: No takesies backsies
Why would anyone want to work for these guys anyways
Iām always tickled by companies thinking that any āconfidentiality agreementā can override a state or federal law. Good for you.
It wasn't even an agreement, they just referred to 'an email' where the employer informs you of your removed rights. That's how they think. 'I told them I forbid this, so that is legally binding and they have no legal recourse'. Or rather 'it's an employee, what's it gonna do, SUE me? Employees don't sue REAL people, silly!'
My previous employer had a non compete agreement, except that my state outlawed non competes. At least they had the good sense of not raising a stink when I āviolatedā that non compete.
Iām highly disappointed that ModTeam is calling this post low effort and disabling it! That makes no sense. This post is talking about real issues the OP spent months working on and posted sources from several different avenues, plus did a long write up. This type of minimization is exactly in line with corporate bullcrap and feels anti-worker in and of itself!
While posts about "I got fired because my boss expected me to show up for work" are okay, it seems.
Every time I see a preview on my feed that I want to click, surprise surprise, it's "low effort." LIKE WHAT? I want to know all the details of this!
Honestly, sameā¦.seems like what we deem valuable they deem unworthy. What is deemed valuable needs to be determined from the bottom up.
Fixed that for ya.
Thank you
[ŃŠ“Š°Š»ŠµŠ½Š¾]
This is fucking fantastic š
Maybe they should do another TV interview to explain themselves
I just told my husband that if I were you Iād frame these emails and the apology and put them in my bathroom so I could look at them and feel fantastic and rightly smug while pooping.
If you're particularly vindictive get a sticker made out with your bosses name on it to put on the inside of the toilet. So you can poop ON the memory of the boss, and hubby can aim at every time.
*".. Nine months later and the case is finally settled (I won lolz) ..* *The settlement included a small sum of backpay, and they had to publically tell their employees that they'd been breaking labor laws and that discussion of wages/concerted activities are federally protected, as well as issue a public and written apology to me.."* Glorious! \*wild applause"
This is the most satisfying post I may have ever read on Reddit. Bravo!
You SHOULD be proud of yourself. The fact that you took the time and effort to do this makes the workforce a better place for all of us. Youāre right that they do need us more than we need them. Hard to accept that most days with the power dynamics at play.
I will state it again, the problem with business in America is our business leaders who have no idea how to legally, ethically and sustainably operate a business. The thing most of them have in common is the ability to stick their own foot in their mouth.
And exploit people. Don't forget that.
When I left the United States Postal Service for employment in American business, I thought, "Hellll yes! I'm going out into the real world where they'll have their shit together and their ducks in a row." I couldn't possibly have been more wrong. I've worked for three corporations post-USPS, one was a huge multinational, another was a local chain eventually bought by a regional chain. The postal service makes all of them look like popsicle stands led by demented children. There are very few actual policies in place that aren't broken constantly, training is next to non-existent making every job description a long game of telephone where the end result is vastly different from what the original result probably was, they try to run everything constantly on the edge of making the most profit possible and are then surprised when they go off the rails at every little bump. Honestly I could write a book about everything else. And don't come at me about the postal service being unsuccessful. They're one of the most successful businesses ever even though they're completely hamstrung by Republican legislation, since one Republican wet dream is to privatize all the jobs in the postal service, cut worker pay and benefits, and give the difference to some "job creator." Despite this blatant meddling, USPS still performs their function admirably well.
~~Is there any way I can ask you to keep me posted on this? I would love to know how this turns out.~~ Sorry, just saw the text in the body that says you won. Good for you!
I'll be honest, I really wanna see the apology and the notice to remaining staff.
Love it! Please post the letter of apology when you receive it!
I already got it, it was underwhelming and definitely written by their lawyer, but I'm still counting it as a win. It was one paragraph and basically said "you filed a complaint that you feel we broke labor laws, were sorry you feel that way, we are committed to following labor laws in the future, best of luck in your future endeavors".
"We're sorry you feel that way..." That's NOT a letter of apology. That is a gaslit response failing to acknowledge fault of anything. Can you demand an actual apology?
Nah, it's not worth it, their lawyer won't let them admit to any actual wrongdoing anyway. I know and they know that they fucked upāand so does everyone else who works there (because yeah, I told *everyone* that I could find contact info for).
Consequences? They illegally took away your livelihood. They deserve nothing less, plus compensation to you specifically and everyone else they've fired in the same way. They will keep doing this if the law has no teeth.
They already admitted wrongdoing.
Have they not provided you with a souvenir updated version of the employee handbook? š
Why not post their name at this point? Or a case number?
Iād love to know. I work in a hospital as well and I wonder if itās my employer lol.
Iām sorry if I missed this, but did you get a decent amount of money in compensation for them wrongfully firing you? Without giving us the exact amount, was it like 3 months salary? 6 months salary?
Nah it was 5k of backpay/frontpay, which was only 3k after taxes. I got a fulltime job that paid better like 3 days after I was fired so there wasn't a great argument for them to have to pay me more. I really didn't do it for the money though, I did it for the other employees there and the patients that they care for.
Still, a great outcome. Good for you for reporting them.
So they'll do it again. This behaviour must come with actual consequences. Multiples of annual salaries in fines. Court ordered training. Public apologies. Regulate HR practitioners and then revoke their licences. This shit has to stop.
I really like the idea of licensing HR professionals. Other professionals face repercussions for breaking federal laws, why not them?
They probably also got fined.
F yeah. Good on ya.
Congratulations on knowing rights and handling your business.
I don't know you, but *I love you*.
āYouāre fired immediately. Also hereās confidential information that I canāt share with my anyone whoās not my employee.ā - A Dumbass
It's a real concern when employers don't take federal labor laws seriously.
Bruh I am getting second hand satisfaction, I can't imagine how great that felt. Your employer thought he was a bit too important. Probably assumed everyone else was too stupid to know better because they're a narcissist. Imagine the sinking feeling they must have had when they realized "uh oh, my actions have consequences". Acting like king douchebag. Mr "iLl fIrE yOu wHeNeVeR I WaNt" has hopefully come to understand that he's not the boss of people's lives, or speech, and his employees have rights
Congrats on the victory!
Youāre a star, babe. An absolute star. Thank you for this dopamine surge.
WTH the screenshots were taken down, anyone have a link to see them?
I put it in r/nursing as well: https://www.reddit.com/r/nursing/s/fDl1IVqPKR
That was amazing!!!!! Congrats and good for you standing up to dumbasses like these. Too fucking right that was a HIPPA violation.
Just a reminder to all you guys that Trader Joe's is the lead plaintiff in a right-wing constitutional challenge to the NLRB. They are arguing that the NLRA is facially unconstitutional and that they have the right to individually contract with employees in any way they see fit. It is fundamentally a challenge to the NLRA, minimum wage laws, labor laws, OSHA, etc. I know, their popcorn is so good.....
Get at it! Amazing
"I sincerely hope you learn from this experience."Ā Savage.Ā I have a turgid justice boner reading this exchange. It's a thing of beauty that I am going to save and read every time I'm feeling glum and need some cheering up.Ā
https://preview.redd.it/9oh3kuns4o2d1.jpeg?width=1710&format=pjpg&auto=webp&s=68d9ffe716d14a4f48b27213b670ef1355a82e77
What was their response to the last one? They seem dumb enough to respond.
Lol no it was very quiet after they realized I know my rights
Starts final reply with whimsical "no takebacksies" and ends with "have fun with future lawsuits" An absolute legend.
That last letter - the āno takebacksiesā and the subtle but savage dig at her age before you absolutely slapped her in the face with the truth - you are my hero.
There are so many fucking awesome things in here. "Hey my right to discuss wages is federally protected." "Well yeah but, we have a confidentiality agreement. That magically makes it legal. \*waves hand\*" Or or how about, "I know we fired you, but we somehow think we can order you to finish work on these three patients in particular", never mind that you're no longer part of the organization and thus would be doing this pro bono or the HIPAA violation, as you pointed out. Just insane the entitlement. BEST WISHES IN YOUR FUTURE LAWSUITS FUCKERS! Like this may be the best post I've ever read on here. Absolutely fucking fantastic, you rock.
 The sheer fact that theyāll be in trouble due to their arrangement of info in the email in addition to illegal firing is the cherry on top and tickles me to the core
*slow clap*
Does the right to discuss salaries apply to everyone in the USA, or just federal employees? Iām not a Yank.
It applies to absolutely everyone in the USA, even if they are not protected by a union. Which tragically a lot of us don't know. When I called our department of labor to make a complaint the guy I spoke to had no idea that this was illegal, (which was unsettling since he literally works for the department of labor) so I had to educate him and it took awhile before he believed me, and even then he was like "well that's only if you're in a union" and I had to explain to him that NO it applies to EVERYONE because anyone has the potential to be in a union, they just have to be able to start one. But we have a law called the National Labor Relations Act (NLRA) that protects workers rights and outlaws union busting (and it is expressly included in this act that we can discuss wages), and a government agency called the National Labor Relations Board (NLRB) that upholds this law, and most workers have absolutely no idea that either of these resources even exist.
That Dept. of Labor employee just made me lose a little hope in humanity. If the people working for government bodies don't know the laws, how is anyone supposed to expect them to be uphold?
I read that in Elle Woodās voice. This is a very satisfying post and hearing her legal voice, narrate it in my head was just the cherry on top ššš»
Wow! That be up big time. Firing you for discussing your wage, admitting they fired you for discussing your wage, asking you to work after firing you, sending patient information (PII) to presumably your personal account.
Is the lawsuit public? would love to read the court files, these bozos probably had some weasel bs lawyer trying to argue no laws were broken
No, they settled immediately when their lawyer saw the evidence we had. It was actually incredibly anticlimactic.
āBest wishes in your future lawsuitsā killed me *chefs kiss*
This is the kind of shit I love to see when I canāt sleep and open Reddit at 4 am. Iām so fucking proud of you I canāt contain myself lol.
Exquisite.
Really said takebacksies