Sunday, May 10, 2015

Sad Words of Tongue and Pen

       You may have noticed by the dates mentioned in the previous post this mess stretched across the week of Christmas. I received the word I should write a letter to Brock on Tuesday the 23rd. I did not want to write anything like this over Christmas, but since the days are more subdued during the holidays in a nursing home, I took the time to research the United States Code and the South Carolina Code relating to nursing facilities. The last thing Brock said to make was an assertion she never broke the law. I put her claim to the test and found it wanting. It was obvious my position at Oakhaven was eroding even without know yet Brock had tried to have me placed in a mental institution. Ellen advised me to pick my battles, it it increasingly felt like this one was being thrust upon me.
       A couple things solidified my choice to not only write the letter, but write it as a legal pleading. The first was the urging by numerous members of the nursing staff, all of whom hall remain nameless for the protection of those still working there, to speak up. Management had routinely abused the rights of residents who lacked the knowledge or ability to call them on it. As a uniquely skilled and capable resident, I had the best chance of anyone to call attention to how Oakhaven was run. I had already successfully done it once before. Oakhaven was no longer allowed to move abusive roommates because I reported the Caligula incident to DHEC. Maybe rattling my cage again would be a good idea. Besides, I had already confirmed the federal right for me to have visitors unchaperoned. 
       The second pint was this:

       I took the photo Christmas morning It was chilly, though not so cold I could not sit outside and snap a few photos. I am not sure wat compelled me. It had been raining for days. It would continue to be wet and gloomy fr the rest of the day. I guess everyone wants Christmas photos regardless. Christmas t Oakhaven. Gloomy and depressing. no. it was not supposed to be this way. Someone needed to shine a light. It never takes much light to cut through the dark. I decided I was going to write the letter. I had no ide.a what the result would be, but I new not writing it would gnaw at me.
       I went into Paulette's office Friday morning. I knew where I could find the relevant statutes, but I needed the employee handbook rule so as to know how to apply the law t the specific rule. I was expecting Paulette to be an impediment to this protect of mine. But to my surprise, she readily gave me a copy of the employee handbook. Keep this in mind. It will come up later.
       The rule about fired employees visiting the facility was illuminating. They could officially visit if they notified management of their arrival and departure, but they had to accept a chaperon. There were no exceptions, not even if the resident being visited was immediate family. Well well. Now I had two moral imperatives. Management should not be able to spy on a former employee, fired or not, while visiting a loved one. There was a personal jab here, too. You may recall brock intially told me Courtney could not come to visit period. I would have to leave the facility. When I objected based on federal law, a "compromise" was offered. I now knew the "compromise" was actually the rule all along. So Brock had lied to me in hopes I would accept what she wanted. Her dishonesty could not be allowed to stand. Also keep Brock's lie and the "compromise” in mind. They, too, become important in short order.
       I banged out the letter over the weekend. It clocked in at eighteen pages of well-cited, legal analysis of not only the issue of visitation, but of my treatment during the previous twelve months. It was a calculated move to include as much as I dd. My rationale was to establish Pakhaven's history of abusing my rights so as to lnd credibility to my current claim. Corporate appeared to take it as overly aggressive because of the scope. But I would not change anything if I had to write the letter all over again, so it is a moot point. Everything that happened next was destined to happen.

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