Full question:
As a medical professional a nurse filed a complaint because I did not agree to see a patient right away. The reason was I had another patient deteriorating quickly. A month later without warning I'm told to come to a meeting with VP of medical affairs and VP of nursing along with the aforementioned nurse. The meeting is to discuss medical care. The fact is the patient was fine and my care and timing etc. was appropriate. However, this aspect is glossed over. The nurse starts crying and exagerating the circumstances. No one at the meeting does anything about it so I told them I was done talking and walked out. Is this harassment or slander because my reputation and integrity are very important to me?
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: New York
Answer:
In New York, harassment is defined under two degrees:
First-degree harassment is when a person intentionally and repeatedly harasses another by following them in public or engaging in a course of conduct that causes fear of physical injury (N.Y. Penal Law § 240.25).
Second-degree harassment occurs when someone, with the intent to harass, annoy, or alarm another person, either physically contacts them, follows them in public, or engages in conduct that seriously annoys them without a legitimate purpose (N.Y. Penal Law § 240.26). This is considered a violation.
In your case, whether the nurse's actions constitute harassment depends on the specific details of the interaction and whether they meet the legal definitions above. If the meeting and the nurse's behavior caused you significant distress or fear, you might have grounds for a harassment claim. However, if the focus is on the nurse's emotional reaction rather than your professional conduct, it may not meet the legal threshold for harassment.
As for slander, it involves making false statements that damage a person's reputation. If the nurse exaggerated the circumstances of the situation and it harmed your reputation, you might have a claim for slander. However, proving slander can be complex and typically requires evidence of false statements made to third parties.
Consulting with a legal professional who specializes in employment law may provide more tailored guidance based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.