 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Nachiem v. State6/27/2005
classified service, should be interpreted as mandating the permanent appointment of the temporary appointee when the permanent employee fails to return. The Board denied her appeal, finding that nothing in the rule lent itself to that interpretation. The position became open on two other occasions. Fircrest did not hire Nachiem either time to fill the vacancy.
After Gilday selected the permanent candidate, Nachiem was nominally reassigned back to permanent part-time night shifts. But Nachiem never actually went back to working the night shift hours, as she was out on surgical leave during this reassignment. Upon her return in February 2001, she accepted an offer to work the afternoon shift in the infirmary. Nachiem has not worked a night shift since February 1999, when Fircrest first accommodated her request not to work nights.
In August 1999, Nachiem and two co-workers filed a group grievance with Fircrest concerning the work performance and attitude of co-worker Paul Anderson, a licensed practical nurse. Their complaint alleged that Anderson was incompetent and unprofessional when dealing with patients and staff. They said his behavior violated the collective bargaining agreement, which states that the 'Union and Management will cooperate in the endeavor to maintain safe and healthful working conditions.' The investigation into the grievance lasted over a year. The first level response by Fircrest management found no violation of the bargaining agreement. The grievants found this response inadequate, and filed the grievance for a step level two hearing. This second hearing also found no violation of the bargaining agreement, and the grievants appealed for a step level three hearing with the Secretary of the Department.
The record is unclear as to the resolution of the level three hearing. Nachiem and one of the other grievants later filed an anonymous complaint against Anderson and several other nursing staff with the Nursing Care Quality Assurance Commission in July 2000.
In December 2000, Dr. Singh, Fircrest's chief administrator and medical officer, notified Nachiem that her salary would be reduced for two months. The total salary reduction was $398. This action followed an investigation into allegations first reported by two nursing supervisors that in August 2000 Nachiem refused to answer Anderson's questions about the care of a patient, she failed to respond to his call for help when the patient became faint and began to fall to the floor, and she did not assist with writing the required event report. Nachiem appealed this decision to the Personnel Appeals Board. The Board denied her appeal, finding that her actions were 'flagrant, deliberate and contrary to the Fircrest mission of providing for the health and safety of clients.'
In January 2001, the Nursing Care Quality Commission sent a letter to Dr. Singh, asking for documentation related to the incidents of misconduct alleged by Nachiem against Anderson in July 2000. Dr. Singh sent the documentation that same month. Around the same time, Nachiem obtained the signed affidavits of several co-workers attesting to her professionalism and competence, as to which, according to the affiants, the 'same cannot be said for Mr. Paul Anderson'. Two of Nachiem's co-workers signed an affidavit saying that Anderson believed Nachiem was the source of the complaint against him. Nachiem stated that she gathered these affidavits to turn over to the Commission. She now says that she did so because she wanted 'protection' from Anderson.
Soon after, in February 2001, Nachiem was permanently assigned to work in the infirmary, where Anderson worked. The hostilities between Nachiem and Anderson increased
Page 1 2 3 4 5 6 7 8 9 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|