• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What to do next?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

Nurse

Guest
I am an RN director of nursing services at a 60 bed county owned nursing facility. I caught the activity director looking at gay porn on the internet with residents in the room with him. He offered an explanation, I accepted it. For the next 2 weeks I received 2 seperate complaints from nurses that they were tired of finding him on the internet looking at porn. I reported it to the administrator, waited 10 days, and had one more complaint. Finally, I asked the admin. if anything would be done to stop this behaviour. She said it was being handled. The next day, she said she that I was insubordinate , which I thought unjustified, regarding a sepatate issue. I called a board member and told him the whole story. Now, I am suspended for 10 days with pay, with an investigation pending. Makes me think the admin. never took action and got confronted by the board. I contacted an attorney early on with this issue because of state and federal regs that govern nursing homes and I wanted to make sure my license was safe.
This guy just received an award for activity director of the year for my state! Good PR for the facility. They don't want this info to get into the community(small town). Am I doing everything I should to protect myself?
 


B

Bill Beggins

Guest
If you have a lawyer, and are kee[ing her or him informed,and s/he knows what s/he is doing, I don't know what else to tell you But if the guy likes gay porn, so what? Maybe you should have kept your mouth shut. No one likes tattle tales.
 
A

Attorney_Replogle

Guest
Despite the PC about gay rights, watching porn in the workplace as you have described it is illegal. For if the porn was of naked women, the case would be a no-brainer to the average person. Federal and CA state cases have held that such porn activity in the workplace can be considered the creation of a hostile workplace. This is illegal. Your reporting of illegal activity to your employer, with your subsequent discipline is likely a pretext. If your attorney shows it is a pretext, then you have a good case. You are doing the right thing.

------------------
Mark B. Replogle
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top