How to Respond to Sexual Harassment in the WorkplaceThe first thing you need to know about sexual harassment in the workplace is that you are not alone. Sexual harassment happens in the workplace every day in the United States. It is often subtle, and it happens in every industry.
Fortunately, the law is on your side. Sexual harassment generally falls into two categories: Qui Pro Quo Sexual Harassment includes situations where a supervisor grants or withholds employment benefits, such as promotions, raises or continued employment, based on your willingness to go along with sexual advances, such as going out on a date or engaging in sexual favors. Hostile Work Environment Sexual Harassment includes any form of sexual conduct that is so severe and pervasive that it interferes with your job performance or creates an intimidating, hostile or offensive work environment. Sexual harassment can come in many forms, some of which are subtle. The types of conduct that constitute sexual harassment include: Sexual comments or jokes Pressure to go out on a date Displaying pornography or other sexual images Sexual gestures, leering or other suggestive actions Unwelcome physical touching Sexual text messages or emails Minor, isolated incidents usually do not rise to the level of sexual harassment. But a series of incidents that are frequent or severe can create a hostile work environment, especially if the company's management is aware of the conduct and does not take action to stop it. If you are experiencing sexual harassment in the workplace, you should take the following steps immediately: 1. Record what is going on. Your record can be in the form of notes that you write on your own or a report to your human resources office. If you are in the State of New York, you can also make secret audio recordings of conversations as long as you are a participant in the conversation. (In other words, you cannot hide a recording device in someone's office to record conversations while you are not present, but you may put a recording device in your pocket and record your conversation with them.) 2. Bring your evidence to an experienced sexual harassment lawyer to get advice and guidance. Sexual harassment cases often come down to he said/she said situations. An experienced sexual harassment lawyer can help you build your case. Most of all, do not delay. The law contains very strict time limits for bringing your claims of sexual harassment and hostile work environment. Do not continue to suffer through the harassment alone. Get an experienced sexual harassment lawyer on your side, and let the law protect you. John Howley, Esq. (212) 601-2728
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An anesthesiologist has pleaded guilty to selling prescriptions for oxycodone. He now faces one to three years in prison at sentencing.
Dr. Arnold Roth admitted selling prescriptions made out in the name of three individuals, two of whom he had never met. The prescriptions allowed the individuals to obtain more than 16,000 oxycodone pills worth $480,000 on the street over a period of 14 months. The doctor pleaded guilty to Criminal Sale of a Controlled Substance and Conspiracy in the Fourth Degree. This case highlights the tremendous resources the government has to investigate violations of the controlled substances laws. The investigator included lawyers, investigators, auditors, and other law enforcement officers from the New York State Attorney General's office and its Medicaid Fraud Control Unit, the New York State Department of Health and its Bureau of Narcotics Enforcement and Office of Medicaid Inspector General, and the Putnam County Sheriff's Office. If you are under investigation or if you have been charged with violating health laws, you need an experienced criminal defense lawyer who understands the healthcare fraud and controlled substances laws. A Licensed Practical Nurse (LPN) was sentenced to 100 hours of community service, a $1,000 fine, and agreed to surrender his nursing license after pleading guilty to one count of Willful Violation of the Health Laws in violation of New York Public Health Law section 12-b.
The LPN was accused of neglecting a blind, 73-year-old nursing home resident who had a gastronomy tube. The patient was supposed to receive medication directly through the tube. The LPN was accused of failing to administer a hypertension medication, a protein supplement, and a multivitamin to the patient, who suffered from Alzheimer's disease. The New York State Attorney General originally charged the LPN with Endangering the Welfare of an Incompetent or Physically Incapable Person (a class E felony), Falsifying Business Records (a class E felony), and Willful Violation of the Health Laws (a misdemeanor). If convicted on the most serious charge, the LPN would have faced up to four years in prison. As part of a plea agreement, the LPN agreed to surrender his license and plead guilty to the misdemeanor charge of Willful Violation of the Health Laws. The court sentenced him to 100 of community service and a $1,000 fine. Doctor and Nurse Charged with Billing Medicare and Medicaid for Physician Services Provided by Nurse4/7/2015 A medical doctor and registered nurse have been charged with billing Medicare and Medicaid for physician services that were actually provided by the nurse. If convicted on the most serious charges, the doctor faces up to 15 years and the nurse faces up to 4 years in prison.
Jeanine Santiago, the medical doctor, and Wendy Potter, the registered nurse, are accused of conspiring to have Potter provide physician services to homebound patients and then billing Medicare and Medicaid as if the services had been provided by Santiago. Physician services are reimbursed at a higher rate than services provided by a nurse. In this case, the doctor is charged with billing Medicare and Medicaid for more than $50,000 in physician services that were actually provided by the nurse. The criminal complaint also alleges that the doctor gave the nurse blank, pre-signed prescription forms, and that the nurse filled out the prescriptions at her discretion for narcotics such as morphine and oxycodone. The doctor is charged with Grand Larceny in the Second Degree, a class C felony. She is also charged with Grand Larceny in the Fourth Degree, Offering a False Instrument for Filing in the First Degree, and Unauthorized Practice of a Profession, all of which are class E felonies. The nurse is charged with Unauthorized Practice of a Profession. |
John Howley, Esq.
350 Fifth Avenue 59FL New York, NY 10118 (212) 601-2728 |