What can I do to get attention to my workplace hostility?

I am a CNA at a hospital. I work on a floor where my nurses do not seem, among other things, to appreciate us. Since our reviews are co-worker opinion based, not many CNA’s get good reviews. The retention rate for my floor is terrible because of the attitude of the nurses towards the aids. A co-worker has tried talking to management about this in order to get things changed but nothing has been addressed. So the co-worker went up the chain of command. However, at the next level of management nothing was done. At the third level of management, she was blocked and the immediate supervisor was notified and my co-worker was told that she was not allowed to talk to the “head boss” about this issue. Do we have any rights to get things changed? I have thought about trying to form a union to protect the aids who seem to be disposable to our employer.

Asked on December 18, 2017 under Employment Labor Law, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that unless this treatment has to do with some form of legally actionable discrimination (i.e. is due to race, religion, gender, nationality, disability, age, etc.), it is legal. Unprofessional behavior does not, unfortunately, violate the law. In a work relationship a business can set the conditions of employment much as it sees fit, absent an employment contract or union agreement to the contrary. If you want to form a union to protect your rights, there a numerous website dedicated to how to go about organizing one.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that unless this treatment has to do with some form of legally actionable discrimination (i.e. is due to race, religion, gender, nationality, disability, age, etc.), it is legal. Unprofessional behavior does not, unfortunately, violate the law. In a work relationship a business can set the conditions of employment much as it sees fit, absent an employment contract or union agreement to the contrary. If you want to form a union to protect your rights, there a numerous website dedicated to how to go about organizing one.


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