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Whistle blowing - nonprofit mismanagement

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Ann Marie

Junior Member
What is the name of your state? RI

I was recently terminated from a nonprofit group home for children in state care. Over the 1.5y I worked there I discovered several unethical (drinking on the job, salaried employee paying self extra $ or taking \'comp time\') practices. I brought this to the attention of the Ex. Dir. who seemed very surprised about how far off the program was from its mission. Since I was responsible for writing care plans for the children in our care I felt ethically responsible to identify barriers to recovery and success. After 2 quarterly reviews I realized the program was not providing the services it was contracted to provide. A new Ex. Dir. was hired and was perpetuating the dysfunction which impacted the kids in care. Expressing this concern to my new boss got me fired. Mismanagement continues. What can I do?

Furthermore, I was given a memo from the acting ED identifying more than 10 things that she said were 'unsatisfactory'. When we discussed the items, she acknowledged that many were untrue, several were really program issues, and the tone of the memo was hostile (she apologized). About 2 weeks prior to receiving this libelous memo I had spoken to a Board Member (in confidence?) and suggested that I was considering applying for the position of ED and asked why the position had not been advertised as we had been told it would be. The Board Member made excuses and assured me that as a member of the 'Personnel Subcommittee' he would expedite this. Now, up until this date of the memo the acting ED had been assuring me that she felt that my position should be full time and for months said she'd bring it up at the next board meeting. Within a week of receiving the hostile and inaccurate memo I was terminated and made to leave the premises. The made it very difficult for me to retrieve my personal belongings and files (non client related research). After about a month I ran into some of the residents and they told me that when asked where I was the Mgt. stated that she didn't know - I just left. Implying to these youth that I abandoned them. As their clinician, this has the potential to have a significant negative impact and not allowing for proper termination of treatment interfered with my ability to perform my professional and ethical responsibilities.

It was good that I got the time off b/c I made a doctor's appointment where I learned that I had Shingles (a stress related illness). A few months prior I had been diagnosed with an infection in my lymph nodes (lymphocytes are affected by stress). Most of my stress at work had nothing to do with my clients, or their circumstances. While I empathize with them and built good therapeutic relationships, my work with these girls was rewarding and fulfilling. What caused me the most stress was a) the ED kept changing the hours I could do individual sessions so I had to keep revising my schedule and b) the ED kept adding responsibilities to my position without increasing my hours and c) ineffectual programming and lack of policies and procedures, compounded by no system of accountability was affecting the well being of the children.

There are lots of issues here, but I'm afraid that the violation of moral ethics and responsibilities are not addressable in the legal system. Does this mean their is no hope for the agency or the children?

Your feedback is greatly appreciated.

ps - The agency was unable to provide me with a reason for termination other than "I don't think you're the right person for this position". I was awarded UE benefits and they said the reason the program gave for my termination was that I "was unable to perform my responsibilities" - although there is not one item in my job description that I did not perform.
 
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ecmst12

Senior Member
I'm sorry, did you have a legal question that I missed? As far as I can tell, your termination was legal.
 

Ann Marie

Junior Member
Good point

The question(s) buried in the above rant is (are)
1. Does going to a Board about mismanagement concerns, or even the state agency program monitor who oversees the contract qualify as 'whistleblowing?'
and
2. What is the appropriate legal avenue to pursue in order to hold a non-profit accountable for mismanagement resulting in failure to provide advertised services and contributing to the emotional distress of youth in state care rather than mitigating it?
 

ecmst12

Senior Member
Not sure about 1. But I don't think that you personally have standing to pursue 2; that is up to the families or representatives of the patients.
 

Ann Marie

Junior Member
Back to resorting to prayer I guess

I feel like I am beating a dead horse - but obviously I have had trouble letting go of this - even though I have another job that is much less stressful and has real program guidelines that people actually follow.
I thought there were laws about retaliation / harassment / whistleblowing that prevented businesses (for and non-profit alike) from 'punishing' employees who seek to ensure accountability. Especially businesses that are responsible for the care and well being of vulnerable populations such as children. Furthermore, these children are in state care so that it is very unlikely that their parents (if they have any) have the initiative, resources, or know how to do anything about this. I feel so powerless and was hoping to find some effective way of intervening on behalf of the best interests of these children. Looks like I'll just have to stick with prayer.
 

cbg

I'm a Northern Girl
In most states, whistleblowing laws only apply if you have taken your concerns to the appropriate regulatory agency, not internally within the company.
 

Ann Marie

Junior Member
Thank you

Okay, what then shat would be 'the appropriate regulatory agency' to bring my concerns to?

One month before I was terminated I had gone to the RI Dept. of Children Youth and Families to meet with the program monitor about contract fulfilment and anticipated budget cuts - a coworker learned of my visit and tried fishing for information. RIDCYF is already under intense scrutiny, who would be next?

If wrongful termination doesn't fit this scenario, is it possible that I have civil recourse based on emotional distress and malicious intent on the part of my coworker and supervisor who deliberately interfered with my ability to perform my job, created a hostile environment, made false accusations in front of coworkers and in writing, and kept increasing my responsibilities without increasing my hours?
 

cbg

I'm a Northern Girl
A hostile work environment has a very specific meaning under the law. Unless you were being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.), you were not, legally, in a hostile work environment.

There is no legal obligation to increase either your hours or your pay to go along with an increase in responsibilities.

I think a claim for emotional distress is a REAL stretch. But since you clearly can't let of this and are determined to find SOMETHING to sue them for, by all means talk to a local attorney. You can probably find one that won't take TOO much of your money.
 

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