Wackbag lawyers and other internet smarty-pantses, I have a problem

WhiteHonkyDevil

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Dec 8, 2004
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#1
It's not my problem actually, it's my girlfriend's. I'll try and give the Cliff Notes version.

She works as a hospice nurse, on call from 5pm - 8am every day. On Feb 28th, she got into an argument with her boss on the phone - everyone was pushing all their work off on her, the boss told her that she didn't care. My girl asked to be transferred to the day shift, the boss said no but not for any real reason. On the 29th, she asked her boss, again, to be transferred to the day shift as there was a coworker who would be happy to swap shifts. Boss said no again. This turned into an argument between the two, until my girlfriend finally just started asking about what work she'd be doing that night. Everything seemed ok between the two.

My girlfriend went to see her doctor later on the 29th. Her doctor happens to work with the same hospice company and is friends with the boss lady that my girl fought with. He had an intern take her blood pressure, which was through the roof (she has a history of high blood pressure). Next thing you know, doctor is recommending she be put "under observation" for the next 72 hours.

Yes, he had her committed. He told me he had it worked out for her to go to a place about 5 minutes from our house, nice well kept top of the line looney bin. When they finally transferred her from the ER, they took her to a fucked up, run down, ghetto hospital that solely exists for people who have no insurance and can't afford health care. Not only is this not where he said she'd be going, but she had excellent health insurance, and still no real reason to be there.

Oh, this place decides that "weekends don't count" towards the 72 hours. She had her mother call the hospice and tell the boss that she won't be in for 7 or so days, and would be filling out FMLA paperwork as soon as she got home. The mother never told her boss why she was hospitalized, only that she would be out for a week or so.

In the meantime, her co-worker/boss/doctor went and called my girl's ex-husband (I am her emergency contact, and he is specifically named as to not be given any info) and told him what was going on. Hooray for HIPAA.

ANYHOW. She spent 5 days locked up in one of the worst ghetto hospitals I've ever seen, only to come home to a Fedexed letter of termination for "not calling the office for 2 days". This was dated March 5th.

Fast forward a week....she's now trying to cash in her retirement so she can be n-rich for a few months and TIAA-Cref is telling her that the company listed her official termination date at Feb 28th. Not only does she have paperwork showing that she was on call until the morning of the 29th (she had to go out to a death at around 4am), but she went into the hospital on the 29th. If they cut her insurance on the 28th, she's going to be on the hook completely for this horseshit "hospital stay".

It seems like they are REALLY just fucking with her. I'm not the tinfoil hat guy, but I've met the cunts she works for and the only thing that's preventing me from believing this is a conspiracy is that they don't have the brains to organize something like this.

Though, it does certainly explain how there can be a termination date, yet proof she was working the next day.

Sadly, this IS the short version of this.

So, fake lawyers, what you got?

Michigan is an at-will state, btw. I just don't see why they didn't fire her first instead of all this horseshit.
 

fletcher

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Feb 20, 2006
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#2
She couldnt sign herself out of the "hospital" AMA?

My first call would be to a layer and explain everything followed by a complaint to the state DOH for the HIPPA violation. Then call the DOL to file another complaint against her employer again explaining everything in detail. Make sure you document EVERYTHING immediately to make sure that your story is straight before any confrontation with the hospice company. They backdated her termination which Im pretty sure is illegal to do especially when she worked another day after the date they listed. Make sure that last day is included with her final paycheck also, they might try to short her if they are really fucking with her.

Im no lawyer but I did stay at a Holiday Inn express once a few years ago. Good luck to you and your lady, sounds like she was royally fucked in this case.
 

WhiteHonkyDevil

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Dec 8, 2004
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#3
She couldnt sign herself out of the "hospital" AMA?
One of the details I left out so it wasn't a complete wall of text - she signed in "voluntarily" which is a 72 hour observation. I put that in quotes because she was told either she signs in "voluntarily" and gets 72 hours, or they were going to petition her, and she'd have been put away "until THEY decided that she'd be ok to leave".

Also, on her admitting papers, the ER doctor wrote that she "has a history of doing harm to herself and others", which is simply not true. The social worker at the nuthouse said that a LOT of ER doctors and social workers will put that on a patient's chart to cover their own ass, in case the nuthouse lets someone out early and they go on a killing spree.
 

fletcher

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Feb 20, 2006
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#4
Wow, sounds like even more bullshit. Call a lawyer, preferably one with experience in medical cases.
 

Lord Zero

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Aug 25, 2008
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#5
Talk to a real lawyer. Look into simultaneously suing for wrongful termination and filing criminal charges for fraud. Failing this, just do one or the other (obviously).
 

ruckstande

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Apr 2, 2005
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#6
Talk to a real lawyer. Look into simultaneously suing for wrongful termination and filing criminal charges for fraud. Failing this, just do one or the other (obviously).
I'm pretty sure HIPA is a big deal of it can be proven as well.
 

fletcher

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#7
Talk to a real lawyer. Look into simultaneously suing for wrongful termination and filing criminal charges for fraud. Failing this, just do one or the other (obviously).
It is virtually impossible to sue for wrongful termination in an at-will state. NJ is the same, you can fire someone for almost any reason at all with no warning whatsoever.
 

fletcher

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#8
I'm pretty sure HIPA is a big deal of it can be proven as well.
The only HIPPA violation is disclosing her information to the ex and I wouldnt be surprised if the hospice company pulled an end-around and just said that they were never updated of the new contact person.
 

sillyfuck

Wackbag Uncle Tom
Feb 13, 2008
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#9
I don't doubt the story, but my question is that she was committed for high blood pressure?

As far as HIPAA goes, would your chick's ex say in court that her boss told him this?
 

Buds Spuckley

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Mar 17, 2008
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#10
A similar thing happened to me, I had a heart attack and was told to "voluntarily" sign into the local mental hospital to deal with the stress issues.

While I was in there against my will I was terminated. Im now dealing with the EEOC and a lawyer I work in Florida which is an will work state and found another job shortly after.

I would tell her to contact the EEOC and a lawyer right away, I believe you only have 3 months to get everything filed. Its been over a year and I still havent received any settlement (my lawyer is a monster and wants a huge payday.)

If she can get a job, any job quickly it will show that she was employable and help your case.
 

WhiteHonkyDevil

El hombre de los moleculos!
Dec 8, 2004
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#11
The only HIPPA violation is disclosing her information to the ex and I wouldnt be surprised if the hospice company pulled an end-around and just said that they were never updated of the new contact person.
That's definitely on paper. Since she was on-call, everyone (at least the triage receptionists) had it in writing that he was NOT to be given any information about her. He tried calling several times over the past few months to track her down.

I don't doubt the story, but my question is that she was committed for high blood pressure?

As far as HIPAA goes, would your chick's ex say in court that her boss told him this?
Yes. They took the extreme high blood pressure as reason to lock her up. He'd back her up, only if a HUGE windfall were to come his way. Basically, I was on the phone with her and her brother (through the magic of three way calling!) during her allotted phone time. The other phone rang, and it was for her. She hung up with us and called back ten minutes later, telling us it was her ex. He said the doctor called him. Getting him to go on record, however...totally different story.


A similar thing happened to me, I had a heart attack and was told to "voluntarily" sign into the local mental hospital to deal with the stress issues.

While I was in there against my will I was terminated. Im now dealing with the EEOC and a lawyer I work in Florida which is an will work state and found another job shortly after.

I would tell her to contact the EEOC and a lawyer right away, I believe you only have 3 months to get everything filed. Its been over a year and I still havent received any settlement (my lawyer is a monster and wants a huge payday.)

If she can get a job, any job quickly it will show that she was employable and help your case.
Already had an interview yesterday that called her back today for a follow up


Oooh, new twist. Can't contact the DOL. Apparently, she was a salaried-exempt employee. Labor laws don't apply.
 

Lord Zero

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Aug 25, 2008
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#12
It is virtually impossible to sue for wrongful termination in an at-will state. NJ is the same, you can fire someone for almost any reason at all with no warning whatsoever.
If that's the case, file criminal fraud charges.
 

Neon

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#13
I seriously hope something like that never happens to one of my loved ones, because I will ABSOLUTELY 100% do something incredibly stupid. I almost broke my screen just reading that story. Reminded me of the time that happened to Anthony's chick. Fucking infuriating.
 

Lord Zero

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#14
Oooh, new twist. Can't contact the DOL. Apparently, she was a salaried-exempt employee. Labor laws don't apply.
Fraud laws do.

WhiteHonkyDevil said:
ANYHOW. She spent 5 days locked up in one of the worst ghetto hospitals I've ever seen, only to come home to a Fedexed letter of termination for "not calling the office for 2 days". This was dated March 5th.

Fast forward a week....she's now trying to cash in her retirement so she can be n-rich for a few months and TIAA-Cref is telling her that the company listed her official termination date at Feb 28th. Not only does she have paperwork showing that she was on call until the morning of the 29th (she had to go out to a death at around 4am), but she went into the hospital on the 29th. If they cut her insurance on the 28th, she's going to be on the hook completely for this horseshit "hospital stay".
 

fletcher

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#15
If that's the case, file criminal fraud charges.
On what grounds? The burden of proof for WHD's chick would be immense in this case and pretty much impossible to prove without some real ironclad evidence.
 

WhiteHonkyDevil

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Dec 8, 2004
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#16
I seriously hope something like that never happens to one of my loved ones, because I will ABSOLUTELY 100% do something incredibly stupid. I almost broke my screen just reading that story. Reminded me of the time that happened to Anthony's chick. Fucking infuriating.
I almost went to her doctor's office to start some shit. I was beyond pissed.
 

WhiteHonkyDevil

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#17
On what grounds? The burden of proof for WHD's chick would be immense in this case and pretty much impossible to prove without some real ironclad evidence.
About the only things I can think of that we have are:

1. An official letter of termination with the termination date being 4 March 12
2. TIAA-Cref saying they were given info that her termination date was 28 Feb 12
3. Patient paperwork showing that she saw a patient the morning of 29 Feb 12

All of this put together could raise some questions, but nothing earth-shattering.
 

Neon

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#18
I almost went to her doctor's office to start some shit. I was beyond pissed.
I commend you for your restraint, dude. This almost sounds like some kind of vendetta. Deal with it calmly and then sue the fuck out of these people.
 

WhiteHonkyDevil

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#19
I commend you for your restraint, dude. This almost sounds like some kind of vendetta. Deal with it calmly and then sue the fuck out of these people.
It REALLY sounded to me like the one boss she fought with called the doctor/boss/coworker and told him what was going on, and they turned into 1930s villains with top hats and monocles and plotted this all out.
 

Neon

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#20
It REALLY sounded to me like the one boss she fought with called the doctor/boss/coworker and told him what was going on, and they turned into 1930s villains with top hats and monocles and plotted this all out.
That's the thought I got while reading your post. I'm still shocked that this is legal.
 

fletcher

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#25
there is more to labor law than whether its an at will state or not
True but given the information that was posted there is no case. Maybe there is depending on how the FMLA laws read in Michigan but the termination has no bearing for a labor lawyer to get involved.