Law: Petition for a Writ of Certiorari pro se appellant

IN THE

Supreme Court of the United States

Dorothy Artis,

Petitioners,

V.

…………………………………………….,

Respondents.

To The United States Supreme Court

I was wrongfully discriminated against in the employment setting based on Race Discrimination of a particular (kind), background (African American national origin). I was also wrongfully terminated, bullied and attacked (permanent injury), I was not a willing participant and was targeted. My superior structured the attacks to lead to my wrongful termination. I did not do anything or did not violate any company laws or protocols. My attackers are of Jamaican descendants and are non-original citizens, who often made racial comments towards my particular background. My superior (Nursing Director), did not fire any of her people (same Jamaican), and made a statement that I had a problem taking orders from her people (same title employees). I did nothing wrong and I was terminated that day. The other employees that are referenced as her people was noncompliance with company rules, protocols, and guidelines, and committed immediate terminal offenses. None of these employees were terminated. My superior retaliated against me and further discriminated against me by submitting false manufactured documents (separation notice) to the department of labor. I did not get a separation notice, which she admitted I didn't, stated I was a good employee and it was out of character for me to be a "No Call No Show.” However, I did not commit this adverse action but was sanctioned for it to cover a wrongful termination and a late submission of a separation notice in a timely manner denying me UNEMPLOYMENT BENIFITS, WHICH IS FRAUD. The employee handbook states that if you are a No Call no show you are terminated immediately. My superior fired me on July 1, I applied for benefits on July 15, and she claimed to have held my job until the end of the month 7/31. She falsified reports to show that she was in compliance with submitting a separation notice in a timely manner. The Department of Labor believed her and ruled against me denying my claim. My superior also claimed that I was still in the system and on the schedule as a nurse which is false. My superior made these false statements both oral and written while under administered oath. I lost everything all of my belongings and now I am petitioning the courts to uphold mandated laws and compensate me. I seeking justice that my employer are held responsible for their illegal misconduct and wrongdoing. The Petition for a Writ of Certiorari should not focus on the lower courts denying, moot and dismissing my claim (I am not a lawyer nor have law expertise), to complete information in 14 days. My rights were further discriminated against by the court of law. This Petition must be according to the rules of the Supreme Court, Washington, D.C. for Pro Se Appellants. I filed Pro Se and did not have an attorney. I also have a disability because of a work injury a large patient broke her bed and fell on me causing major damages. In this case same employer (superiors were worried about the bonuses and a workers compensation claim. The employer hid the incident report in my confidential file and consistently told me that it was under investigation. The document was altered with a revision date and my name was removed from being the injured employee to being aan eye witness. Also the patient was put back to bed disoriented and confused and her next of kin (power of attorney, her daughter was never notified (noncompliance of mandatory reporting laws). Again, a mountain of evidence was presented and the judge ruled in favor of the defendant further violating my rights. My employer committed fraud and has asked me several times to overbill Medicaid and Medicare (for pt. care services, that we did not do, while being short staff), which I declined to do so. I am seeking justice and would like the justice system to review my case to enforce laws, no one is above the law and laws must be enforced. I want to empower others as a minority Pro Se victim you still have rights and the laws still apply whether or not you can or cannot afford an Attorney. As a minority I want to empower other minorities to stand up for your rights against the court of Law, high powered aggressive attorneys and unfair judges who may unconstitutionally rule against you based on fraudulent activity. I am enforcing laws and to take a stand against discrimination, unfair and unequal treatment and to fight hard for their constitutional rights until the scales of Justice is balanced

PARTIES TO THE PROCEEDING

AND RULE 29.6 STATEMENT

Petitioners, who is Plaintiffs-Appellees below, is: Dorothy Artis who was unlawfully and wrongfully terminated from employment by his employer without any proof of or reasons that led to her termination

Respondents …

Page

QUESTION PRESENTED......................................... i

PARTIES TO THE PROCEEDING AND

RULE 29.6 STATEMENT................................... ii TABLE OF AUTHORITIES v PETITION FOR A WRIT OF CERTIORARI ............ …………………..1

OPINIONS BELOW ................................................... 1 JURISDICTION ......................................................... 1

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED .................................. 1 STATEMENT OF THE CASE................................... 1

REASONS FOR GRANTING THE PETITION........ 8

CONCLUSION ......................................................... 21

Petitioner Dorothy Artis respectfully submit this petition for a writ of certiorari.

The opinion of the Court of Appeals for the case (cite the case) is not yet reported in the Federal Reporter, but is available at ……………. The summary-judgment opinion of the District Court for the …..district (Pet.App. …..) is not yet reported in the Federal Supplement, but is available at ……... The district court’s motion-to-dismiss opinion

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

The appendix reproduces the Constitution’s Labour laws Clause, Employmmrnt Clause,

and Human Rights Clause. U.S. Const., art. 1, § 8, cls. 1, 3, 18.

1 I am the plaintiff and I was in compliance with all of my employer’s rules, protocols and guidelines and did adhere to the New London Healthcare Center Employee Handbook for mandated reporting adverse actions-employee conduct codes, pt. falls, elderly abuse, misconduct, safety violations and suspicious activity. I reported according to mandated reporting and the Chain of Command. I considered myself bless to find two full time jobs in walking distance by my new home. I had recently suffered horrific losses of three young children. My youngest son, and his unborn daughter (1st grandchild) were killed in a horrific car accident head on collision on Powder Spring Rd on July 14, 2012, in Marietta, GA. I am the sole provider of my mother and only son so I had to put this life changing event behind me. I found solace by working hard and staying busy to contain my pain. I was hired on October 13, 2014 and worked in a culturally diverse setting. Upon my probation period I was trained by none natural born employees who were poorly trained and consistently violated safety. I immediately reported these violations because I was concerned for the pt. as well as the employees who were committing this act. Upon reporting to lower and upper management including HR for an inservice (training) on proper lifting and the use of a Hoya Lift. The non naturals employees looked at needing assistance as being weak and lazy (making racial slurs and derogatory reference to my culture). They also wanted to show their strength by moving pt. by the armpits, dragging, sliding, pulling. This safety violation was against physicians orders for pt. transfers. Upon reporting in the Open Door Policy (confidential), to trusted members of management, confidential information reported leaked back to the employees I complained about and subjected me to work in a hostile environment. I was asked repeatedly by superiors and structured to make excessive documentations for pt. care services we did not do, while being understaff (upon further review evidence will show an increase in pt. care services, while being short staff. I declined the order, referenced it as fraud to my superior. A few days later on April 26, 2015 I received an adverse action that I did not commit and was swiftly sanctioned, without a reason or a witness. I was suspended for 3 days without pay and threatened termination. I was fired the day before on my off day in a phone call from Jeanie Hermes, Assistant Nursing Director. I ask her if I could come speak to her to defend my job. She hesitated but agreed, no witness present and she falsely accused me, compared me to another nurse as a lesser, and stated she believes her and we are both good people. I received multiple adverse actions and was not allowed to defend my long-term employment. I am often referenced as a good worker and I followed the rules. I didn’t break and laws and was in compliance with all of New London Healthcare Center rules, guidelines and protocols. Yet, my rights to work were taken from me by my employer New London Healthcare Center who was noncompliance to employment laws and to their New London Healthcare Center protocols, guidelines and rules by non reporting mandated laws, unemployment, workers compensation, pt./employee injury and wrongful termination/discrimination (please see, employee handbook, Class “C” violations for a “No Call, No Show), that would have a negative effect on their bonuses. On July 1, 2015 I was singled out and bullied and was a none participant in a structured altercation (granted powers) by superior Joan Bernard, Nursing Director to lead to my long-term employment demise. I did nothing wrong and employees/bullies that committed immediate termination actions were not terminated or had their adverse actions addressed. They were friends with my superior Joan Bernard, Nursing Director (trusted member of management), who left her position of fairness and joined in on the harsh bullying. I did nothing wrong and was the only one fired and unfairly treated. I was not allowed to speak or defend my long-term employment. I am seeking justice and to right the injustices of the lower court systems based on New London Healthcare Center/Insurance, Attorneys and superiors noncompliance with employment laws, labor laws and discrimination laws as well as illegal misconduct false reporting, illegal submission of manufacture false documents both oral and written, molesting documents and falsifying documents perjury, while knowing the truth and trying to hide the truth (ethical violations). I am overwelmed by every injustice presented by the justice system judges, turning a blind eye to misconduct, while under the pretense of a complete investigation with a fair ruling. I am seeking justice to overturn the unconstitutional ruling and to review factual evidence that will show New London Healthcare Center was noncompliance with labor laws, committed fraud and submitted false manufactured documents. Upon further review hard evidence will show multiple violations and noncompliance based on several different fraudulent scenarios that relate to my termination (please see separation notice, termination date July 1, 2015 to July 31, 2015), Attorney Mark Irby impeccable brief, list the termination as follow July 1, July 2, 2015. This further supports my wrongful termination, I was not on the schedule after July 1, 2015 (please see check stub, no July 4, holiday pay on check stub), not in their system or currently still employed as falsely reported. Further discrimination after the fact shows perjury, and noncompliance as Joan Bernard, Nursing Director did not submit my separation notice in a timely manner. Retaliation further discriminating against me after the wrongful termination to deny unemployment insurance benefits denied rights and to fairness., which led to unfair, unconstitutional judgments based on misconduct of false reporting to government officials and violating labor laws and ethics.

Unconstitutional rulings:

Upon further according to Judge Johnny Mason report and Attorney Mark Irby mirrored image facts and findings he based his judgement on the New London Superiors testimonies (1) Joan Johnson HR Director released false information both written and oral according to position (multi tasker, multiple HR positions), and the only HR employee with a key to confidential employment files. Joan Johnson HR Director gave an impressive 5 year description However, she failed to cross reference my wrongful termination (Title Vll discrimination), with the protocols and guidelines of the New London Healthcare Center Employee Handbook. Joan Johnson also failed to address who altered the incident report (with a clear view revision date). John Johnson also failed to do her job and did not file a workers comp claim and upon further review she did state in the December 07, 2015 court (Court reporter) that she did look at it and stuck it in the drawer. This further supports that I was in full compliance and did report in a timely manner and that New London was noncompliance with workers comp laws.

Unconstitutional Rulings

Judge Johnny Mason is not a medical expertise and did unfairly rule on medical reviews of physican bills. Judge Johnny Mason did not reach out to medical doctors as he stated he would do. Because of his unfair shoddy investigation my injuries are permanent diagnosis with a total disability with both physical and phycological disorders. I have recently been placed on permanent disability with care providers and have limited use of my left leg and internal medical issues. My medical records will show that Judge Johnny Mason made a bad decision.

Department of Labor

Unfair ruling based on a favored decision to rule greater weight to a superior manager falsely manufacturing documents and submitting false oral and written statements.

The district court in this case observed that “[a]lmost everyone agrees that the Constitutionality of the [individual mandate] is an issue that will ultimately have to be decided by the Supreme Court.” Pet.App. 492a; see also Thomas More, 2011 WL 2556039, at *23 (Sutton, J., concurring in part) (“[T]he court[s] of appeals are … utterly non-final in this case.”). Since then, it has become critical that this Court determine the constitutionality of the mandate: (1) there is a square conflict between the

Often, when this Court grants certiorari to decide whether a statute is constitutional, it will additionally decide the remedial question whether the provision at issue is non-severable. E.g., New York v. United States, 505 U.S. 144, 151-54, 186-87 (1992) (deciding severability in the first instance after reversing the courts below on the statute’s constitutionality). By immediately resolving whether the rest of an unconstitutional statute survives, this Court wisely forecloses wasteful and chaotic satellite litigation on severability that this Court otherwise likely would have to resolve later. Accordingly, that prudential practice is sufficient ground here for this Court to resolve both the extant unfair termination on the mandate’s constitutionality and the mandate’s severability from the relevant laws, even though the severability question is not (yet) the subject of an independent matter

Moreover, this Court’s immediate review of the severability question is imperative given the pervasive economic ramifications from ongoing uncertainty about this remedial issue.

More Reasons

 Physical orders were violated and the persons in charge were not properly trained by New London Healthcare Center who nursing directors and superiors violated safety protocols with poor training techniques when transferring large pt. and total care pt. without using the two-person assist. And also when doing pt. transfers using a Hoya Lift requiring a two-person transfer for employee/pt. safety. When I reported these violations through the confidential open door policy as a proper procedural training measure confidential information was leaked and did cause me to work in a hostile work environment. I also complained using the Open Door Policy about ward secretaries doing pt. care duties without medical license, poor pt. care hygiene and care technic. Again this information was leaked by superiors, and one employee (Zena) who I complained about for not using two-person assist was favored as a ten-year employee even though she was breaking protocols according to physician’s notes. On April 25, 2015, I exercised the open door policy to complain about Zena Slater (10-year employee) referencing me as "N-word with derogatory statements made directly to my particular culture and ethnicity as "you people are lazy in this county.” This was in reference to me reporting her moving a large male pt. with the Hoya Lift by herself. This is what she thought was lazy because she could do it by herself. I was ignored and Zena was referenced as favorable and nothing was done about this conduct code violation. Later that day I was asked by my superiors to overbill Medicaid/Medicare for pt. care I did not do that while being junior staff. This was structured in a meeting to all care providers to generate more income and bonuses. I immediately declined to do so and later that day was coached on how to do so, again I declined. April 26, 2015 I received a phone call on my day off and was fired according to Jeanie Hermes Assistant Nursing Director who claimed she had received a complaint about me being asleep on third shift after working a double in good faith (short on care providers). April 26, 2015 which was my day off, I went to New London to speak to Jeanie Hermes, who first declined, I was not able to defend my long-term employment. I was not allowed to clock in (meeting 2 hours), there were no witness, no names mentioned and the allegations were false. I asked for a thorough investigation and was forced to sign the separation or the termination letter that after I begged for my job turned into a suspension. Jeanie Hermes (cell phone number in the District Court file), compared me to the employee who made the complaint (none national) as her favorite and she believed her. This action violates my rights to fairness in the employment setting and discriminates against me as I was compared and reference as a lesser to another employee. I did not commit this adverse action but was swiftly punished without a witness or investigation. Jeanie Hermes did not follow New London Healthcare Center rules procedures and violated company protocols. July 1, 2015. Superior Joan Bernard Nursing Director I complained about Zena Slater calling me out of my name again and making derogatory comments directly to my particular national origin lazy "N-word." I also complained about not having help, no lunch breaks and a modified work duty (injured on the job, management did not file a mandatory work injury). Later that evening I was attacked and struck by Zena Slater and called out of my name. I was informed by my attackers that Joan Bernard Nursing Director granted 10 to 17 same titled or lesser employees power to watch me and make sure I do my work. I was confused by this because I am and have been referenced as a role model employee who trains new hires. Joan Bernard reference me as a light skin Dorothy which made me feel uncomfortable. Joan Bernard said, I had a problem taking orders from her people (force feeding a frail pt. an oversize unmeasured food). This is discrimination because she did not say I had a problem taking orders from my superiors and same-titled employees, she stated specifically her people (Jamaicans, a particular background). None of them were sanctioned for an adverse action nor were they in the meeting. Again I was not able to speak or participate and was fired after I asked to return to work. Joan Bernard violated New London Healthcare Center protocols, rules, guidelines and procedures. Joan Bernard, Nursing Director did not sanction her people for an adverse action that calls for immediate termination according to New London Healthcare Center Employee Handbook code of conduct and equal treatment. Unfair treatment/discrimination New London receives federal funding and cannot discriminate against any employee. Retaliation, Joan Bernard did not follow company protocols and repeatedly filed false information based on untrue malicious documents to the Department of Labor and other Government officials (perjury statements both oral and written to deny benefits) Joan Bernard elongated my termination from July 1, 2015 to July 31, 2015 to show that she submitted my separation in a timely manner to show compliance when she was not. Joan Bernard actions were intentional to cover up illegal wrongdoing and violates my rights to fairness. Her false statements both written and oral also defamed my professional character

Accordingly, the petition for a writ of certiorari should be granted.