I was advised yesterday evening by a Kaiser Foundation Health Plan human resources manager that, effective immediately, my administrative leave was being downgraded to involuntary unpaid leave. Since November 6, I have been on paid administrative leave, pending the outcome of a review of the Kaiser Permanente Electronic Assets Policy. Specifically, I was told, on November 6, that the only objective of this review was to determine whether or not the sending of a broadly-distributed electronic message was discouraged in that policy. On November 10, I was advised that the organization intended to revise the policy to clearly prohibit broadly-distributed electronic messages.
I was originally advised that this review would take only a week. In the six weeks since, I have become more and more concerned with the conduct and progression of this “review.” Specifically, I am employed by the Southern California Permanente Medical Group, one entity of the sixteen or so that make up Kaiser Permanente. Just prior to Thanksgiving, Dr. Jeffrey Weisz, the man I ultimately report to, advised me that Kaiser Foundation Health Plan, headed by George Halvorson, had objected to my returning to work, notwithstanding, Dr. Weisz conceded, that there were no legitimate or lawful reasons for my not returning to work.
Since that time, KFHP, and not SCPMG, has essentially taken over the management and coordination of this “review.” Last week, Wayne Cassard, the Los Angeles area human resources manager for KFHP, requested that I meet privately with him and Christie Moon, assistant to Daniel Garcia (who also works for KFHP). I was not given advance access to any agenda for this meeting, I was not provided advance access to any documents which would be reviewed at this meeting, I was not permitted to have any counsel or advocate present at this meeting, and it was not permissible for me to have the meeting recorded, transcribed, or to have access to any transcription or notes KFHP might have made or taken during the meeting.
When I advised KFHP that I would be traveling during their preferred meeting time, and that, further, I believed that the process needed be conducted in a more thorough and accurate manner, with a clear record of the proceedings, KFHP’s response was unwavering and unreasonable: I would meet without objection, at the specified time, under the set conditions, without exception. The representative of KFHP insisted that he, and he alone, was and would be acting as my employer, even though I am employed by a separate legal entity to which he has no legal responsibility or accountability. I received no response from my actual employer, SCPMG, when I attempted to clarify or confirm the demands of KFHP.
KFHP’s response to my request for a written interview was clear, if unreasonable and unsubstantiated: “It is not appropriate to conduct the interview in writing, as you suggest, by providing you with written questions.” No further details as to why it was “not appropriate” were given. I was advised, further, by KFHP, that if I did not attend this KFHP meeting, that I would “not [be] entitled to remain on paid administrative leave.”
Perhaps the next assertion was even more telling: “we will conclude the investigation…and come to a decision…without your input.“
There is no conspiracy here. The motives and intent are, in fact, clear. On November 3, George Halvorson demanded that I be terminated immediately. In an attempt to limit its legal liability, my employer, SCPMG refused. Instead, KFHP is now taking advantage of essentially-complete leeway to attempt to threaten and coerce my “compliance” with a process that I have reasonably objected to and that, I believe, is being conducted with little integrity and even less objectivity.
In my November 3 message, I raised serious concerns regarding the conduct of George Halvorson, Daniel Garcia, and Cliff Dodd. The latter resigned, almost and effective immediately. There are two people, Wayne Cassard and Christie Moon, coordinating and conducting this “review” of our “policy,” that will involve a “decision” that will apparently directly impact me. Neither Mr. Cassard nor Ms. Moon work for my employer, SCPMG; both are employed by KFHP. Mr. Cassard ultimately reports to Mr. Halvorson. Ms. Moon immediately reports to Mr. Garcia and ultimately to Mr. Halvorson.
George Halvorson, in his inaccurate and dishonest response to my November 3 message, seemed to assert that conflicts of interest are hunky-dory in the business world. Perhaps he isn’t entirely incorrect. But Kaiser Permanente is not a business. It is a not-for-profit that is to operate honestly, with integrity, and does so solely with the public’s trust. Honesty and integrity are not apparent or present in this “review” process, and, both for its personal impact on me, and for the continued erosion of the trust in Kaiser Permanente, I regret that it is being done solely for the benefit of George Halvorson.
I believe in Kaiser Permanente. On and after November 3, thousands of people across the organization told me, directly, that they shared that belief and a commitment to protect our organization. It is clear to me that it is time for our organization to ensure that the interests of Kaiser Permanente are being protected, not the interests of George Halvorson. I believe in Kaiser Permanente. I do not believe, or trust, George Halvorson, his actions, or his motives.
If you believe, as I do, that my employer, the Southern California Permanente Medical Group, must ensure that this process is conducted thoroughly, accurately, and objectively, with integrity and honesty, then please, share your concerns with the SCPMG Board of Directors, and please ask them to step in to ensure these problems are immediately corrected. Please email Dean Chang, secretary of the SCPMG Board of Directors, or call his office at 626 405-6287.
Inside the organization, you could address your concerns to Dr. Weisz and the Directors of SCPMG directly. The Board is made up of: Dr. Ray, Dr. Quezada, Dr. Keller, Dr. Anderson, Dr. Harmon, Dr. Tang, Dr. Nevarez, Dr. Hufford, Dr. Garreton, Dr. Kelman, Dr. Lee, Dr. Collins, Dr. Lau, Dr. Herrman, Dr. Joel Cohen, Dr. Siegel, Dr. Vaias, Dr. Bird, Dr. Hinson, Dr. Nancy Cohen, Dr. Lonky, Dr. Nguyen, Dr. Williams, Dr. Fatemi, Dr. Sachs, and Dr. Imbasciani.
Thank you to everyone who has continued to share their good wishes and words of support. It means more to me than you can possibly imagine.
Sincerely, and most respectfully,
Justen Deal.
on Dec 20th, 2006 at 15:36
Never in history have individual workers been empowered by technology like you and those who will courageously follow your example of bravery, Justen. Show others the power you represent by standing up while most lay low. You are good. Darrell
on Dec 20th, 2006 at 22:12
Justen I have to ask, and I think it would benefit you and much of the public if you stopped, and thought about this question very carefully.
Do you believe in what Kaiser *is*, or do you believe in what Kaiser claims to be?
I hope you are discussing with an attorney whether or not unpaid leave constitutes grounds for wrongful termination. Even filing unemployment might help at this point. It would require Kaiser to justify their actions. Also, the claim would be filed against SCPMG, not the Foundation. That would require a response from the medical group.
Take care, Justen. Hope you find a way to enjoy your holidays.
on Dec 21st, 2006 at 21:33
Sounds like you might also be looking at constructive discharge, if they don’t actually fire you but cut off your pay. You should at least talk to a lawyer.
on Dec 23rd, 2006 at 03:13
The best way to support Justen against this Saddam like regime and its ostracism of him, is to ring the Board Members’ and Dean Chang’s telephones off their hooks and attack the administration’s handling of Justen’s dissemination of the truth…and for good measure, and most importantly, report each and every patient care atrocity, debacle, lapse, mistake (eg dose errors, treatment delays, patient neglect) and patient deaths attributed to the KP CPOE and EHR devices to the FDA at FDA.gov. It could be considered a Federal crime for KP to cover up the dysfunction of these devices (as many hospitals have also done) and the FDA should be informed of the IT associated problems expediently.
Best regards and merry Christmas to Justen,
Menoalittle
on Feb 22nd, 2007 at 02:30
justen- I too have been “wrongfully temrinated” by SCPMG. They are currently dragging their feet in meeting with me. I reported a supervisor for stealing. She kept her job and I lost mine! I do not believe the “board” really cares what happens to the employees that have dedicated their lives to SCPMG
on Apr 29th, 2007 at 16:41
I worked the project at IBM - Boulder. Pretty much everyone was axed. We were fed a few nice stories. Now I learn the truth.