CRNA being black-balled by former employer

Specialties CRNA

Published

Is there anybody out there that has a former employer/anesthesiologist retaliate against you for resigning? He is giving prospective employers the "I can't recommend her". I have hired an attorney and since he is not actually slandering me I have no grounds for litigation.

Specializes in Nephrology, Cardiology, ER, ICU.

I guess I would try to approach this person and see if something can't be worked out...perhaps they would just supply the dates you worked for them and leave the comments out?

Who was your actual employer? Was it a hospital, an anesthesiology group or an individual anesthesiologist? Even if your employer was an anesthesiology group or anesthesiologist, the hospital had to give you some type of practice privilges. I would go that route. Write to the Human Resources department of the hospital with a copy to the administrator and ask that information about your status at the facility be made available for future employers. Unless you lost your privileges for substance abuse, major quality issues or something major, they should provide basic information.

I am sure the anesthesiologist wasn't the only person who knew you at the hospital. Was there a surgeon, an OR manager, nursing administrator, other CRNA, etc. who would validiate your employment and be able to say something positive?

If you have a clean record, I also would get in touch with the state labor board and find out if you have any rights that fall under their jurisdiction.

I also wonder about your attorney and how hard he/she tried to assist. I know that hospital administrators don't like getting strong letters from attorneys and often will put pressure on the anesthesiologist. Did you have a contract and was there a breach of it? Lots of questions.

You may want to attorney shop a bit, but you need to have some introspection on why you no longer have the job. Legal fights are difficult to win if there is cause for termination. I am not clear if you quit or were terminated.

Yoga CRNA

If this is a hospital you were working for ...how about copies of your evaluations? Can you request those?BC...that could show that you were functioning fine till you "decided to leave"...and then the emplyer "decided he couldnt recommend you".

Just playing devil's advocate here - did you give adequate notice or did you leave suddenly with little or no notice? Were you under any kind of contractual obligation to stay for a certain period of time or to provide a certain amount of notice before leaving? Why did you leave? Was it under good circumstances or did you get mad about something and walk out? Just curious - there's usually two sides to these issues. Maybe this person has gotten hassled before about evaluations or recommendations and is simply choosing the "no comment" route for that reason.

Yoga's got some good ideas about trying others besides the anesthesiologist that you worked with.

I guess I would try to approach this person and see if something can't be worked out...perhaps they would just supply the dates you worked for them and leave the comments out?

If this were a reasonable anesthesiologist I would. However, this individual's style of management is that of a tyrant. I am viewed as a traitor because I resigned and was than terminated. There is a large turf war going on between three anesthesia practices in this city. I was recruited from TN by this MDA. I worked for him two years. I had heard that he would not give positive recommendations. His view is he can't recommend anybody that betrays him and his practice by resignation. The CRNA's that are there have been there many years. He can only recruit from out of state (like me) where his reputation does not proceed him. Thru State Meetings those CRNA's have learned that his style of management is ownership and fear. They know that they will not be hired by another practice in this city if they resign. Further, the three anesthesiologist that work under him as well as the CRNA's on staff have been instructed not to give me a positive recommendation. One of the MDA's that I worked with doing big cases stated he would give me a letter of recommendation when I told him I was going to do some moonlighting. When the time came he told me "I don't think Dr. _______would like me giving a reference on one of his nurse's to another practice/hospital." This is what I am up against. I have an attorney that has sent him a letter so he knows I have counsel. So, he doesn't answer inquiries. Thus, I am unable to get credentialed and obtain priviledges.

I am new to posting messages. I did reply to your response but it appears somewhere else on the messages. Thank you for your response.

[i am new to posting responses. I typed me respone after your quote. Sorry, you have to read down.quote=yoga crna]Who was your actual employer? Was it a hospital, an anesthesiology group or an individual anesthesiologist? Even if your employer was an anesthesiology group or anesthesiologist, the hospital had to give you some type of practice privilges. I would go that route. Write to the Human Resources department of the hospital with a copy to the administrator and ask that information about your status at the facility be made available for future employers. Unless you lost your privileges for substance abuse, major quality issues or something major, they should provide basic information.

I am sure the anesthesiologist wasn't the only person who knew you at the hospital. Was there a surgeon, an OR manager, nursing administrator, other CRNA, etc. who would validiate your employment and be able to say something positive?

Thank you for your response.

If you have a clean record, I also would get in touch with the state labor board and find out if you have any rights that fall under their jurisdiction.

I also wonder about your attorney and how hard he/she tried to assist. I know that hospital administrators don't like getting strong letters from attorneys and often will put pressure on the anesthesiologist. Did you have a contract and was there a breach of it? Lots of questions.

You may want to attorney shop a bit, but you need to have some introspection on why you no longer have the job. Legal fights are difficult to win if there is cause for termination. I am not clear if you quit or were terminated.

I was working for an anesthesia group. I gave him a 60 day notice on May 3, 2005. On May 4th I contacted the CEO of the hospital over some patient safety concerns I had. The CEO called Dr. X and on May 5th I was terminated "for cause". When I asked what cause I was told "Oh, don't worry there is plenty" I was than ordered to vacate the premises immediately. I have contacted the State Work Force and because he has less than 50 employees he does not fall under any state or federal guidelines. I did have a contract but it was up. This MDA is very active politcally. His style of management is that of fear and ownership. I have found out thru the grapevine that he instructed the CRNA's to have no contact with me or they could be involved in a lawsuit. The three anesthesiologist under him are also afraid. One of the MDA's told me that they would give me a reference when I told him I was going to moon-light. When the time came for me to get the letter he told me "I checked with Dr. X and I don't think he would like me giving a reference on one of his nurse's to another facility/practice." My attorney did contact the CEO to let him know of the potential "whistle blower suit" and after speaking with his attorney, my attorney was told that I was not an employee of the hospital and the labor dispute was between me and my former boss. I don't have the money that HCA has for attorney's. This MDA has had RN's fired from the O.R. that he didn't like. I know 2 personally. The OR staff will not help me. When I called the CEO the OR Director was also called. When I was terminated I was surrounded by two MDA's, three CRNA's, the OR Dir, and the OR Board Runner plus anyone else that was around. Dr. X wanted plenty of witnesses. Thru a leak I heard that after I was fired Dr. X was calling an emergency meeting for all of the CRNA and OR Staff. He had to come up with a good reason for firing me. I was very well liked and respected by all my colleages. I have had 5 surgeons tell me to file a complaint with the Medical Board. The story he told them is I was fired for patient abuse. He found a PACU nurse who with coaching stated that I had been rough in holding an airway and I had slapped a patient in order to get them to breathe. He than filed a complain with the Board of Nursing. He did this 22 days after I was fired. Her written account was on a blank progress note and was dated 22 days after I was fired. In 23 years of spotless practice I have never seen anything like this. I have never had a DUI, a felony, drug problems, etc. I have always had excellent recommendations. The problem is HUGE. Your thoughts?

Yoga CRNA

I did not work for a hospital. I worked for a private practice with less than 50 employees. That keeps him from following state and federal guidelines. In the two years I worked for him I never had any evaluations. I never received any feedback. I was asked to do some of the bigger cases and consequently surgeon's would request me. I was very liked and respected.

If this is a hospital you were working for ...how about copies of your evaluations? Can you request those?BC...that could show that you were functioning fine till you "decided to leave"...and then the emplyer "decided he couldnt recommend you".

[Please see my reply to Yoga for the long story. Thank You.quote=jwk]Just playing devil's advocate here - did you give adequate notice or did you leave suddenly with little or no notice? Were you under any kind of contractual obligation to stay for a certain period of time or to provide a certain amount of notice before leaving? Why did you leave? Was it under good circumstances or did you get mad about something and walk out? Just curious - there's usually two sides to these issues. Maybe this person has gotten hassled before about evaluations or recommendations and is simply choosing the "no comment" route for that reason.

Yoga's got some good ideas about trying others besides the anesthesiologist that you worked with.

My attorney tried to get him to do that and he refused.

[Please see my reply to Yoga for the long story. Thank You.quote=jwk]Just playing devil's advocate here - did you give adequate notice or did you leave suddenly with little or no notice? Were you under any kind of contractual obligation to stay for a certain period of time or to provide a certain amount of notice before leaving? Why did you leave? Was it under good circumstances or did you get mad about something and walk out? Just curious - there's usually two sides to these issues. Maybe this person has gotten hassled before about evaluations or recommendations and is simply choosing the "no comment" route for that reason.

Yoga's got some good ideas about trying others besides the anesthesiologist that you worked with.

I think you need advice from lawyers, not CRNAs . . . sounds like a big mess and maybe not winnable. Are you looking for another job in the same city? Did you know all this might happen if you quit? If you'd known maybe you would have retained a lawyer before you resigned. Good luck.

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