I recently got terminated from my job in NYS on monday of last week (8-30-04). I worked with mentally and pysically disabled persons and the number one rule when you're working with these people is SAFETY. I'm only 19yrs old and I had started this job in July of this year. I was still on my probationary period with the company and I had seen alot of abuse and neglect at the house I was working in. I had decided to open up my mouth and report it. After an investigation was done, I recieved a telephone call from my imediate supervisor and she had set up an appt. with me regarding a follow up to the investigation. It turned out to be bull **** (pardon the language). She told me that I had no right to open my mouth and report an act of abuse and/or neglect. That b/c of this i have caused a major problem with the state dept. of mental health. So, she said that i was being fired, and I was not to come in contact with anyone who works/resides there.

I am so pissed b/c now i'm going to college and I can't afford it. :(

Reporting potential violations of the law is considered as, "whistleblowing" and potentially protected by law. In addition, New York state has a law protecting patients from abuse. "The New York State Public Health Law 2803-d - The Patient Abuse Reporting Law requires professional nurses and others to report through internal or external channels instances of and suspected patient abuse, neglect and/or mistreatment to the Department of Health Regional Office of Health Systems Management (OHSM)."

There's also an interesting paper on the Internet called, "whistleblowing on the web". It may be found at: http://www.bc.edu/bc_org/avp/law/st_org/iptf/commentary/content/fisher_gillespie_etal.html It addresses not only some of the legal and ethical issues related to whistleblowing but government resources, as well.

Let me know if you have any other questions.

To Jennie and LConnell- Jennie I also live in nys and have encountered similar issues. Interestingly I live upstate ny as well. Believe me I agree that abuse or even a question of abuse should be reported, internally and possibly externally. But I can vouch- the same repercussions have occurred with me.This is particularly rough in the nursing home field especially with profit organizations. Unlike you, I am an older woman who expressed concern re the handling of a patient. I am very very experienced, over 30 years in the field. Nontheless, retribution is swift and sure. The department of Health assures that retribution will not occur. That is simply not fact in this day of economic pressure . It is my understanding that the health professionals duty is first and foremost to the patient. Any tips with how I can deal with/find a decent lawyer to deal with potential termination? Ms.Mr. Connell- sorry this is my first visit here and as my "title" indicates,I am spooked. Never in my wildest dreams did I believe the administration of a nursing home would be so bold.

You may wish to contact the Department of Health, as per my last e-mail, to determine how you seek protection under the laws. If they can't help you, perhaps you can get help with the New York Department of Labor. Their website is at: http://www.labor.state.ny.us/agency/agency_info.html

As far as finding an attorney is concerned, you may wish to find an employment/labor attorney that specializes in helping plaintiffs on whistleblowing issues. If you do a search on the Internet, you will find a ton of attorneys who specialize in helping plaintiffs.

Let me know if you have any other questions. Good luck.

If I'm not mistaken, there is protection from "whistleblowing" (in this case, issues re patient care). But the issue is that the complaint went to the "wrong person" and "stirred up the staff". The point here is that, in my attempt to deal with things internally, all sorts of excuses are being used to deem the patient care as appropriate. Legally I know I am in the right, certainly ethically I know that as well.
After I first put this in the forum ,I did a little more research on labor law . Nothing like Labor law 101 in one hour (lol).!!! But from what I gathered, termination cannot be done for complaining/reporting concerns re patient abuse. But termination can be accomplished by assigning another "fault so to speak. Then the only remedy would be to battle this out in court/i.e. and then the only monetary damage would be a civil penalty of $10,000. Am I greatly oversimplifying this?
Now, after the fact, I can TOTALLY understand why health care professionals can only feel reasonable safe reporting concerns anonymously.
However, I've seen the NYS DOH in action over many many years and when something is reported anonymously, there is typically only a very rudimentary inquiry. Anyway- I'd love to hear anyone's response to my question in the prior paragraph.