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| No. 10 | 
Sep 18, 2002, 09:29 PM
I want to thank all of you for your responses to my post. My pain is starting to ease up. I've been using my incentive spirometer like a good girl...and I've been watching my diet closely. The pain upon inspiration is still present, but only ranks about a 4 now. I haven't needed any pain medication...and my GI system seems to be cooperating with me. I guess I am finally on the mend. I am still waiting for my surgeon to clear me for work...but she isn't letting me go back due to the fact that my belly button incision isn't healing too well (it opened about a week ago). Now I need to vent about another issue. Here goes:
My place of work is very strict about attendance. Due to the small complications I had with my surgery (the pain and the incision opening), I have had to take more time off work than expected. I want to go back, but I have to wait until my surgeon clears me. Well, I got a call from human resources today...and guess what?!?!?! If I am not cleared to go back to work within the next few days...I will be terminated. I have been with the hospital for seven months. I have used up my sick time and I guess I have used as much unpaid time as is allowed. I haven't been at the hospital for a year so I don't qualify for medical or personal leave. Due to the fact that I have no sick time left, I am now considered to be absent (but not an excused absence), thus enabling my hospital to fire me for breaking the attendance policy. I know this is within the hospital's rights, but it still sucks. I had my surgery at this hospital, with the hospital's surgeon, and with the hospital's nurses taking care of me. It is not like I am just blowing off work. I have a valid reason for not being at work (with paperwork to back it). So what do I do if my surgeon won't let me go back to work? I work on a busy med-surg floor with a ton of isolation patients. We basically do primary care (there is only one aide per 20 patients) so there is no way I can just avoid lifting and turning patients. I work nights and usually get 8-10 patients per night. Do I allow myself to get terminated? Do I beg the surgeon to let me go back to work although my incision is not healed? Or should I ask to resign due to personal reasons so I could still use my hospital as a reference? I know I could find another job very quickly. I just worry about how getting fired will effect my ability to get another job. PLEASE, give me input here. I am desperate for input!   | | Advertisement Sponsored Links | | | | No. 11 |
Sep 18, 2002, 09:44 PM
First, I'm glad your pain is diminishing, FrankieJane-- good news!-- and second, I know I shouldn't be surprised at how your employer's treating you, but I AM!  How can a hospital invest in your orientation and your past seven months of employment just to let you go? Is there no nursing shortage in South Chicago? This is insane! 
Is there any way that your surgeon could speak with your NM, HR, or even your CEO? This sounds like potential grounds for a lawsuit since it seems that they are discriminating against you-- You have a legitimate disability and given the working conditions you describe, you have to be functioning close to 100% to be able to perform your job there.
I would try talking your way up the chain of command until someone with some SENSE can be made aware of your situation and give you a little more time to heal. (ARRRRRRGH! This makes me SOOOO angry!  )
| | No. 12 |
Sep 18, 2002, 09:51 PM
Dear Frankie Jane, Isn't this a screwed up world we live in?
It wasn't but a few years ago that everyone who had a chole...lap or not, was not approved to return to work for 6-8 weeks. Six weeks was the minimum to return after any kind of abdominal surgery.
My next action would be to call the hospital and speak with the CNO - chief nursing officer . Pooey on an HR clerk. I would speak to someone in Nursing.....get names.
I swear I'd threaten to sue them....except that doesn't go over well.... does it? Demand they show it to you in writing. Call the HR person and tell her to fax it to you...you can receive faxes at commercial places. It always makes them nervous when they have to show it in writing. I wonder if it has been challenged. You could call the Labor Board to see if it is legal. It certainly doesn't sound ethical. Does your hospital have a chief ethics officer? Call them & discuss it with them.
We were just discussing this last week at the hospital where I work. Same deal. You run outa days, you're outa there.
Even though they are short of nurses and have a slew of agency nurses working..... go figure !! Although I was told IN ACTUAL PRACTICE, they usually carry the nurse along on ABSENT WITHOUT TIME, ETC....some excuse. In other words , it is on the books , but not really enforced.
I think someone has just told the HR to do that...threaten you lightly---pressure you a bit, to get you to come back NOW!
I'd do it my way,.. whats' best for me & finally tell them , "you all do what you gotta do."
I would not go back to work....until totally healed !!!! That means not giving them a return date. Thats what they will push for. The complications puts the ball in your court and they are looking very non-compliant, unsupportive, unethical here.
You can easily get a hernia in the surgical area's from pulling , bending , wrenching, lifting, etc. We see them all the time...surgery-induced hernias= another operation.
Do what you gotta do girlfriend , but take care of # 1 first and don't let the bastards grind you down !
And DON'T WORRY ABOUT THIS AFFECTING ANOTHER JOB APP. never !!!
| | No. 13 |
Sep 18, 2002, 09:53 PM
glad to hear that you are feeling better! i had the same problem when i had ankle surgery. i was on leave for 3 months, but i wasn't cleared to come back to work...so my boss threatened to fire me. a couple of people i talked to mentioned that there is some type of wrongful termination group that you can talk with...hopefully someone here will know the name. i will try to find out and get back with you. good luck!!!
| | No. 14 |
Sep 18, 2002, 11:13 PM
Updated
Sep 18, 2002 at 11:17 PM by FrankieJane
shannonRN: I would appreciate the name of the wrongful termination group that you spoke of. Thanks for thinking of me.
prn nurse: It is a screwed up world! I am going to recover before returning to work. I agree with you...I need to take care of me first (God only knows my hospital isn't looking out for my best interests). My doctor did caution me about the risk for hernias at my incision sites if I lift, pull, etc. I am not going to compromise my health for my job. We have had other workers fired due to attendance (one had CHF, the other had a complicated pregnancy and had to go on bed rest...and I am sure there have been others). Thank you for all of your advice. At this point I don't even want to go back to that place. I already have my resume updated and the help wanted ads highlighted. I'll keep you updated on my situation.
RN-PA: My hospital does have a shortage of nurses...and so do several hospitals, nursing homes, home health, and hospice organizations around me. If I quit or got fired today, I could have a job within a week. It is a shame that the hospital is treating me this way. It would make more financial sense on their part to give me one additional week off as opposed to terminating me and having to train a new worker. I can't even verbalize how angry and upset I am about this situation! I am going to go read a book and chill out for awhile. I need a little distance from the situation since I can't make any phone calls until the morning. Thanks for your advice.
To all others that responded: Thank you for your concern and support. I will give you all an update tomorrow on my situation.  | | No. 15 |
Sep 21, 2002, 01:48 PM
hope this helps....The group was the EEOC......equal employment oportunity commision~ and then there is always the state's AFL-CLO. i'm not sure what the second group is, just got it from my friend who had mentioned this when i was on leave. good luck!!!
| | No. 16 |
Sep 21, 2002, 02:24 PM
FrankieJean.... I know nothing about FMLA, but it would seem to me that this (or some other similar labor law) would mandate that your employer be required to have a position for you during your convalescence. I'd check into that, as well as the other fine suggestions.
As for your surgery... if you're beginning to feel better... that's wonderful. But, if you're still having pain... it's very possible that you could have a stone/stones in your common bile duct and still require an ERCP. Even patient's who have had both done, can still develop stones in the duct and require another ERCP to remove them. I recall a patient who had an open chole 20 years earlier, and required this procedure.
As for the pain running up the shoulder... this is due to the gas used to inflate the abdomen during the procedure. Just like bubbles, when they rise in a glass of soda... the gas in the abdomen does the same... causing sometimes intense pain.
Prayers to you, FrankieJean
Peace | | No. 17 |
Sep 25, 2002, 11:59 AM
Just thought I'd update everyone on what happened...
I talked to someone from human resources on the 19th about my situation. They said that perhaps they could allow me to remain on staff as long as I could be back at work within a few days. No light duty work was offered. I told them I was not cleared for work until the 25th. I was willing to go back to work as early as the 23rd if my surgeon would ok it. I then got a letter on the morning of the 23rd from my hospital. The letter was dated the 20th and stated that I was not eligible for medical leave and after my benefit time (sick and vacation time) was used up...I would be terminated. The letter then stated that my benefit time was used up as of the 9th, therefore my termination dated was September 9th. If I was terminated as of the 9th, why was human resources still trying to get me back to work on the 19th? Why didn't I receive a termination letter earlier? NOW, HERE'S THE KICKER: The letter also requested that as soon as I was cleared for work...I should reapply for my position!!!
Anyway, all is good. I have a new job lined up. I start the 30th of September. I will be doing hospice care in people's homes.
My question is...am I entitled to any back pay from unemployment? I wasn't going to apply for unemployment since I will start a new job soon, but if I am eligible for back pay from the 9th, I may just go and fill out the paperwork.
| | No. 18 |
Sep 25, 2002, 12:02 PM
Oh, I forgot to mention, I am feeling much better now. The stabbing pain is gone and my incisions are looking good. Thanks again, everyone, for your replies!
| | No. 19 |
Sep 25, 2002, 01:00 PM
Thanks for the updates, FrankieJane. Sounds like you're well-rid of the place you worked-- their loss-- and I wish you all the best in your new position as a hospice nurse. It's also great to hear that your post-op pain is gone.
I know nothing about unemployment so can't help you there. Please keep us updated on the unemployment situation and your new job!
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