Bad reference cost me a job

leslie :-D · Aug 25, 2004

The DON at my last job loved me and promised me a great reference. But the nurse recruiter where I applied insisted on calling the charge nurse on the unit (said it's "their policy"). Well, this charge nurse never liked me and is an unsophisticated little dope who doesn't know the first thing about giving a reference...said a lot of untrue subjective things about me (said I was unable to handle stress, incorrectly stated I did not give notice, a lot more). This unfair reference cost me my dream job...I am in tears!!! Any way to salvage the situation?

yes there are ways but it won't necessarily get you this particular job.

if you are intent on pursuing this, there are several potential damages that have been done to you.

consulting with a nurse atty., would be preferable.

if not, someone that specializes in labor law.

i have a nurse atty who also specializes in labor law.

she charged me a minimal retainer fee and the rest of my case is being done on contingency.

what i have found out, that no matter how much this case costs me, it will still

1. be much costlier for those who have wronged me

2. and no one in this life is going to deny me what is rightfully mine and get away with it.

much luck to you.

leslie

chris_at_lucas_RN, RN · Aug 25, 2004

my apologies. i didn't see that part. leslie

No apologies necessary....

RN92 · Aug 25, 2004

Also, you have a right to see your employee file. Were any of these charges brought to your attention in the past.? Verbal warnings, written warnings, etc... If you've had good evaluations in the past - and they are on file....OH BOY. Get copies of everything in your file before they decide to go making changes. I was told by a supervisor that references are handled by Human Services and they only give minimal info such as hire date, eligibility for rehire. Many people have sued in the past and won..Sounds like this nurse had some personal vendetta (spelling?) It will be her burden to prove what she said.

Gomer · Aug 25, 2004

Most companies have policies about who can and who can't not give out information about current and/or former employees. Smart companies limit the information-giver to the HR department. I would suggest you make an appointment with the HR department (of your former employer) and check out you personnel file. Then find out what that employer's policy is concerning who can give out information. If they have a written policy concerning this and if there are limits on who speaks for the the employer, make an appointment with the HR director and voice your concerns.

Yes, you can sue (the person giving out the information), but I suggest you do your homework first.

WyomingRN · Aug 25, 2004

Please be very careful with this reporting of information. If you are not authorized to relaease this info or if any info you release hurts this person chance for future employment you can be held liable. If I were you and you get a call for this type of reference I would refer the person to human resources and let them deal with it.
Your personal crusade to protect other patients from an incompetant nurse is only your opinion. Remember the State has licensed her to practice and that is going to be her lawyers first question to you on the stand..."So Ms. WyomingRN, you are better than the State at determining who should be practicing as an RN here".
Advise you should think about...:)

Dave, thanks for your input. For the record, I am the owner. I am the HR dept. I am also the accounting dept - and the only full time employee. DH is the business manager and runs day to day operations. So as to being authorized, I concur with your statement and think we both qualify.

As Chris noted, when someone lies - it is slander. And as Earle pointed out - reporting of FACTS is not libel or slander... For the record, boy do we have documentation; and the State, as mandated by law, got a copy of it all.

Let's look at this from another point of view. This nurse almost cost me an $8000 a month contract. Now had I lost this contract, would not the facility that failed to devuldge accurate information - which could have prevented this loss and damage - be liable?

Slander and liable is wrong and illegal. But an employer has a right to protect themselves and in the case of our profession, I submit we have a particular hard line to walk between protecting patients and maintaining privacy.

Anymore, most employers prefer the safe route by not giving any meaningful reference at all. I have no doubt that this nurse will loose her license; but that will take time. In the mean time she has hastily left the area and is applying for a job at a facility 300 miles away. She is convinced that because we went to school together, I will not turn anything in to the State. I already did. In the meantime, does the new facility/employer have a right to know that this nurse has a habit of leaving the facility when on duty - even when she is the only nurse on duty? Are employers entitled to relevant factual information that could put the company at risk?

lovinghands · Aug 25, 2004

Dave, thanks for your input. For the record, I am the owner. I am the HR dept. I am also the accounting dept - and the only full time employee. DH is the business manager and runs day to day operations. So as to being authorized, I concur with your statement and think we both qualify.

As Chris noted, when someone lies - it is slander. And as Earle pointed out - reporting of FACTS is not libel or slander... For the record, boy do we have documentation; and the State, as mandated by law, got a copy of it all.

Let's look at this from another point of view. This nurse almost cost me an $8000 a month contract. Now had I lost this contract, would not the facility that failed to devuldge accurate information - which could have prevented this loss and damage - be liable?

Slander and liable is wrong and illegal. But an employer has a right to protect themselves and in the case of our profession, I submit we have a particular hard line to walk between protecting patients and maintaining privacy.

Anymore, most employers prefer the safe route by not giving any meaningful reference at all. I have no doubt that this nurse will loose her license; but that will take time. In the mean time she has hastily left the area and is applying for a job at a facility 300 miles away. She is convinced that because we went to school together, I will not turn anything in to the State. I already did. In the meantime, does the new facility/employer have a right to know that this nurse has a habit of leaving the facility when on duty - even when she is the only nurse on duty? Are employers entitled to relevant factual information that could put the company at risk?

Just curious, what kind of case would your former employee have if she/he discovered your postings in a public forum? Very unprofessional IMO....

dave1117 · Aug 25, 2004

OK so you and I are in the same boat sort of as owners and chief cooks and bottle washers. I have 22 employees, not in medicine, and fortunately, since I am very particular as to who I hire, I have never had any of the problems you have had with this person. That said, as the business owner and employer, if you are stating the facts that have been documented, "you" do have the right to give out pertinant information regarding a previous employee. Most states, according to my business law experience do advise that if a negaitve review is to be given that you ask for the request for a refference in writing and then respond in writing thus creating a paper trail. Obviously this has a dual edge...If as you mentioned there is a paper trail of incompetance than you are just staing previously reported facts and your paper trail will add to your defense if a law suit is started. However, if you paper work is not complete and filed correctly this could all blow up in your face in court...

Your situation is completely different from the original posters who was given a bad refference by a "charge nurse" who is not even at the level of middle management in most facilities and is probably not authorized by the facility to release such information. Since there was a "persoanlity conflict" between these two people and that possibly led to the negative review, it would all lead to a lawyer being interested in this case.

Liable and slander are very difficult cases to defend and to prosecute becasue personalities almost always are the root of the problem. More and more employers are being found guilty, mostly becasue their paperwork and documentation practices are incomplete. This is why more and more are taking the "if I can't say anything nice I won't say anything at all aproach".

If you think about, if a refference is requested and you decline to give one due to "personel issues", you have not given potentially laible or slanderess information and the person can then draw their own conclussions.

Anyhow, I am taking the legal hat off and going back to thinking about my first day back to school next Wednesday. It has been an awesome month off. Spent some time getting drug cards together, shopping for my uniform for clinicals and familairizing myself with my texts.

By the way I look really funny in all white..:chuckle

With all my prereqs done it 4 semesters to go...

have a great day all, dave :)

WyomingRN · Aug 26, 2004

lovinghands - I have not provided any identifying information; thus there is no basis for a case. My point was to show that there is a need and real basis for seeking and getting meaningful references.

Dave - Looks like we are in agreement. Running a business sure makes you look at things a little different. The purpose of my post was to show that not all references are illegal. The original poster definitely needs to do her homework. Thanks for your input. Good luck in school.

Dixiecup · Aug 26, 2004

I was a DON for several years and did lots of reference checks. I could never get any info unless the person had signed a consent for release of information. I live in Missouri.

lovinghands · Aug 26, 2004

lovinghands - I have not provided any identifying information; thus there is no basis for a case. My point was to show that there is a need and real basis for seeking and getting meaningful references.
Dave - Looks like we are in agreement. Running a business sure makes you look at things a little different. The purpose of my post was to show that not all references are illegal. The original poster definitely needs to do her homework. Thanks for your input. Good luck in school.

Take a peek at your profile, WyomingRN. It lists your business webpage - btw nice website.

I think there is quite a bit of identifying information from your postings, i.e. the name & owner of your company, the employee was a former classmate, and several allegations of negligence.

Tread lightly, dear nurse ....

WyomingRN · Aug 29, 2004

Thanks lovinghands on the kudos of the web site. You are right that some information is listed, but as long as I don't release private identifying information publicly, I am told that I am safe. My hope is that the BON acts quicker than most government offices so that I may not be put into the position of having to give any reference. Since I have never had to turn in a error report to the BON before, I don't know how quickly the act on these matters.

chris_at_lucas_RN, RN · Aug 29, 2004

You may be safe in some respects, but if you have that much detail, it wouldn't take much for someone intimately involved in the scenarios you describe to figure out who you are and come after you.

It would be a pretty good idea to stay very anonymous, as far as this board is concerned, unless you know specifically the individual you are "talking" to.

You already know the damage that can come from inuendo.... You don't need any more!

Take care, and, "tread lightly."