Legal Question in Civil Rights Law in Missouri

Is this classical defamation?

ER nurse (12 yrs)experience worked for a Hospital for 16 mo (12 mo/ excellent evals) The Hosp hired a new director who dismantled all in 2 mo. He placed a new RN into the charge position demoting others. Disaster to say the least.I complained thru proper channels. I was told to ''SHUT UP AND DO MY JOB'' Being a strong patient advocate I did not. By May 17 I reported to work ,was escorted to personnel, called a thief, drug diverter and given a paper with 6 patient # on it.When I requested a chance to defend myself they refused. I was told ''you did it now leave'' Escorted out by security like a common criminal. I fought for unemployment and won. They ruled:''I was not fired for anything I had done wrong at work.'' My truck was repossessed, lost my insurance and my credit rating is severely damaged. Now even with winning unempl, I find myself getting ready to defend once again to the Attny Gen.My family has suffered as

well.It was not OK to lie and damage my reputation! The director has been fired but the Hospital continues to slander. I need a strong attorney. I have talked with small firms and ''It is too big a case for them'' How do I find an Attorney


Asked on 9/09/02, 4:40 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Is this classical defamation?

I wouldn't call this defamation, but I would call it wrongful termination (assuming you can prove what you claim happened). Yet, if it has not been more than 180 days since this event happened, you should probably contact the National Labor Relations Board. Assuming you were in a line position (and not a supervisory position) and were receiving hourly wages, you may well have a claim for an unfair labor practice.

You can claim that you were fired as a result of trying to improve working conditions. The NLRB investigates these cases very thoroughly and prosecutes an exceptionally high number of them. That would be my first step if I were you.

In your message you indicate the Attorney General has contacted you. I assume that means the Missouri Board of Nursing may be after your license. You MUST get an attorney to defend this action because the board has no incentive to play fair. Thankfully the Board very rarely prosecutes to a removal of licensure, but you should still get assistance from an attorney anyway.

I understand the anger you feel at this situation. Our firm doesn't handle these kinds of matters, but I do know of other firms in our area who do handle them. One of them, in Kansas City, and one of them in Springfield, would be happy to help you. If you want their names, just drop me an email.

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Answered on 9/09/02, 5:11 pm


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