"I swear never to be silent whenever and wherever human lives endure suffering and humiliation," Wiesel said. "We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere when human lives are endangered. When human dignity is is jeopardy, that place, at that moment, must become the center of the universe."
I missed this post yesterday. It contained information I didn't know before. Thanks for the post.
Of Interest:
http://www.hospicepatients.org/FASHNER-Complaint-RE-Pereira-and-Bell-Kistler-Hospice-Cover-up-Sexual-Harassment.html SHARON FASHNER Files Lawsuit Against Ron Pereira
For Sexual harassment And Against the Hospice
For Covering-up Sexual-Harassment
by Ron Panzer
5/30/03
Sharon Fashner has filed a lawsuit against Ron Pereira alleging sexual harassment and complains about Mike Bell, Scott Kistler and the Hospice of the Florida Suncoast for not stopping the sexual harassment! For those employees who have managed to still be employed at the hospice, under very difficult circumstances created by the senior management, we would like to ask: "Does the following description seem familiar to any of you who have complained about hospice management in the past?" If so, you may have a right to legal action and compensation through the courts when your complaint was not properly addressed.
As noted before, reports state that if an employee at this hospice persists in complaining, they are singled out and put on the hospice's "hit list" (a term used by hospice management) and generally, the employee ultimately leaves (either because they are forced out or simply out of frustration) because, of course, the unaddressed harassment continues.
In this case, Sharon Fashner's lawsuit states that she was eventually forced out by the hospice after going to the hospice management begging that sexual harassment stop. This is one of the best examples showing why employees should see an attorney BEFORE speaking with this hospice's management about problems, harassment or other issues. Sharon Fashner likely would have kept her job had she seen the attorney back in 2001!
Now does the scenario described above (and in Sharon Fashner's sexual harassment lawsuit) sound familiar to any former or current employees? If so, you should know that the above behavior by management is ILLEGAL! According to Sharon Fashner, the hospice not only did not stop the harassment, the hospice suppressed her complaint against the then Human Resources Director, Ron Pereira. The hospice also created an illegal "agreement" in which Sharon was forced to agree to not mention the sexual harassment to anyone (see sexual harassment complaint).
Why is the hospice's "agreement" which Sharon Fashner was intimidated into signing illegal? Federal law says that an employer MUST investigate sexual harassment complaints whether made verbally or in writing. Sharon states that the hospice management told her she would have to put her complaint into writing for her complaint to be investigated. That is contrary to federal and state law! And forcing an employee, through a legal agreement, to remain silent about harassment, is also contrary to federal and state law!
The St. Petersburg Times has published an article about this case:
"Woman accuses hospice manager of harassment"
Series: BRIEFLY May 28, 2003;
Abstract:
In January 2002, [Sharon Fashner] complained to Hospice worker, Carol Hagans, about [Ron Pereira]. When Fashner was told to make a formal written complaint, Fashner "requested that the complaint be dropped," an exhibit in the lawsuit states.
As a result, Fashner and Pereira signed a confidentiality agreement with Hagans as witness. The agreement said the parties would not discuss the matter with anyone, that Hagans would be Fashner's supervisor and that Fashner would not press sexual harassment charges.
Full Text:
Copyright Times Publishing Co. May 28, 2003
A former employee of the Hospice of the Florida Suncoast filed a lawsuit Tuesday accusing the corporation's human resources director of sexual harassment.
Sharon Fashner, a human resources assistant, said her supervisor, Ron Pereira, made unwelcomed sexual advances and gave her gifts and cards since she started working at Hospice in August 2000.
The suit says Pereira, who is on leave from his job, "repeatedly grabbed Fashner, engaged in intimate touching and tried to initiate sexual relations with her."
"When at work, she was terrified," the lawsuit says. "When defendant Pereira was near her, she could barely think."
Fashner, 46, was fired in January, said her attorney, Jonathan Alpert, who also represents plaintiffs in two class-action lawsuits against Hospice, a non-profit organization that provides care and support to the terminally ill.
Hospice spokesman Michael L. Bell said Hospice was not aware that a suit had been filed and that officials have not seen a copy of it.
In January 2002, Fashner complained to Hospice worker, Carol Hagans, about Pereira. When Fashner was told to make a formal written complaint, Fashner "requested that the complaint be dropped," an exhibit in the lawsuit states.
As a result, Fashner and Pereira signed a confidentiality agreement with Hagans as witness. The agreement said the parties would not discuss the matter with anyone, that Hagans would be Fashner's supervisor and that Fashner would not press sexual harassment charges.
[end of article at St. Petersburg Times
The article stated that "When Fashner was told to make a formal written complaint, Fashner "requested that the complaint be dropped," an exhibit in the lawsuit states." What the St. Petersburg Times article did NOT state is that, according to Sharon Fashner, she was told that if she filed a written complaint, she would lose her job as a result! Would you feel intimidated if management told you that "oh yes, honey, you certainly have a right to file a written complaint about this, but you'll very likely (most definitely) be immediately placed on the "hit list" and lose your job." Would that inspire you to continue the complaint process?
Now, the first thing that comes to mind when thinking about this case is that a woman came forward and verbally accused the Human Resources Director of sexually harassing her. This was back in October of 2001 and then again complaining verbally (when nothing was done about it) in January of 2002. According to the lawsuit filed, Sharon was extremely disturbed by the repeated sexual harassment. Normally, when a person is sexually harassed in the workplace, who do they complain to? The Human Resources Director! Here's a case where the employee is alleging that the very person who is sexually harassing her is the Human Resources Director who normally is responsible to stop the sexual harassment of employees! It is obvious that only an incredible amount of motivation would make an employee accuse the very person responsible for stopping such sexual harassment!
Knowing the history of how this hospice treats employees who complain about management practices, as Sharon Fashner must have known, it is clear that Sharon Fashner felt extremely stongly about this sexual harassment and that she wished to keep her job ... otherwise, she would have just quit her job. She didn't do that. Yet, she complained to management, knowing how serious the charges were which she was bringing against Ron Pereira, the Human Resources Director.
Would you make a complaint against a top manager of the hospice if there were no harassment? I don't think so. Want to read the sexual harassment lawsuit itself?
Any employee (current or former) who has been harassed or intimidated may have a right to legal action. Former employees who were summarily terminated may have a right to legal action with a right to recovery through the courts. All employees should contact an attorney for consultation.
Any employee of this hospice who has not gotten advice from an attorney providing counsel for their individual personal benefit would be acting quite foolishly! Preliminary meetings with attorneys are often given free of charge, so concerns about fees should not prevent an employee from seeking counsel, and it is quite likely that in some cases no up front fee will be charged at all. Complete confidentiality is assured within the attorney-employee/client relationship.
Employees (at any level of employment) can NOT rely on the hospice's attorneys (or administrators) to give advice which is always in the employee's best interests. An employer's attorney will advise what is best for the employer while giving the impression that they are offering advice in the best interest of the employee. The hospice, as employer, pays its attorneys to protect the hospice and its legal interests, not the employee, make no mistake about that!
Anyone needing legal advice is advised to contact an attorney they know or the attorney of record:
Jonathan L. Alpert, Esquire
Florida Bar No. 121970
THE ALPERT LAW FIRM
100 South Ashley Drive. Suite 2000
Post Office Box 3270
Tampa, Florida 33601-3270
(813) 223-4131 - Tel.
(813) 228-9612 - Fax