Posted on 03/29/2020 5:28:56 PM PDT by Lurker Coming Out
Firstly, I apologize if my format is off. I am not a regular poster, but have been a daily reader for over 20 years.
This was the only place I could think of that may help me answer a question I have.
I was told a story by a friend of mine that is a nurse on a respiratory floor full of Covid-19 patients in Michigan.
My friend had open heart surgery last year and feels she is at high risk.
She requested a transfer to a different floor which was denied by management.
She responded that due to the risk, the denial of transfer means she would have to quit to protect herself.
Management threatened her with legal action if she quit due to the State of Emergency declared by our Governor.
Is there any legal action the hospital can take?
Thank you in advance.
Under the ADA, she has a disability and risk factor that should qualify. She should call her state Agency in charge of such issues.
I agree.
Your friend as (I assume) an at will employee, either works as assigned by management or she can resign.
You need to ask a lawyer that question.
If she calls in sick due to anxiety issues, most states have laws on the books that would protect her from employer retribution. In fact under the Federal privacy laws all her physician has to say is that she is under the physician’s care and ought to be excused from her duties.
Can understand the hospital’s position but they would be stupid not to accommodate a competent nurse during this difficult time.
She should contact an attorney - sometimes a strongly worded demand letter will resolve the issue.
There may be something in her contract that addresses this unusual circumstance. It may have escaped her notice, being written in lawyer-speak, but remind her to re-read it with just this in mind.
Well, we’re either serious about this virus, or we’re not.
We can’t be serious for some people but let others do whatever they want.
Just won’t work that way.
There’s a new reality.
That nurse should not be there if she has a cardiac condition they should put her somewhere else or let her stay home at this point she’s going to be one very very rich woman when she gets hold of an attorney that slams that hospital for their violation of disability rules in the midst of pandemic stupid Hospital bureaucrats typical I hope she gets them.... violation of federal rules that bureaucrats ignore whenever they feel like it
First of all, you must know that I managed large law firms in Los Angeles and Beverly Hills as well as attending law school myself. She needs someone to find a competent lawyer who has experience in healthcare management issues. It is a unique industry with very unusual issues because of the virus problem and various government emergency declarations related to it. To struggle with hospital management is a total waste of time and could damage her legal rights.
There is another issue that people need to consider. Per CDC guidelines the hospitals in our area permitted 2 visitors, then down to 1. It then went to no visitors except the dying. Well that just changed. If your family goes into the hospital in critical condition you better say your goodbyes at the door because you WILL NOT be permitted to see your loved one. Hell, isf they did you can hardly get a funeral.
Think of the abuse at nursing homes when family could at least monitor the situation.
Scary and sad.
I am researching as I read your replies. Thank you.
I am finding that there may be a disaster clause in her employment contract.
I am also reading that some states also have a law in place prohibiting abandonment of patients during State of Emergency declaration that is also punishable.
Hospital administrations in this state are not backing their personnel. I have a lot of family in the health care world.
Health care workers are being sent to treat Covid patients with little to no PPE and with a proverbial gun to their head by management.
Management threatening lawsuits, confiscating privately owned PPE, and other things I’m not quite ready to make public until I research the legality of.
It is truly frightening to see what is developing.
She just should have said she has pain in her chest.
She should retain a good lawyer.
I have worked in healthcare for decades. I see no guns to anyone’s head. I see people who suddenly develop a condition that puts others lives at risk to save their own.
She should just look her patients and colleagues in the eye and say me above all of you. I only work when it’s easy and find another career. We have work to do and we don’t have time to coddle the selfish.
Yep, she is scared. 24 years old, open heart surgery last year and a 2 year old at home.
Not wanting to quit...just reassigned to another place in the hospital.
Your compassion is heart warming. Thanks.
My comment did not fit the post but didn’t want to open a new topic & felt it needed to be posted
If she is truly at risk, quit. She can recover from a lawsuit but not death.
She needs to talk to an employment law attorney in her state. And if she is Union, she needs to call her Union rep.
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