Do I have any legal recourse???

Nurses General Nursing

Published

Ok, so I've got a pretty big issue with a former instructor of my RN program and I'm really wondering if I can get a lawyer over it!!

To start out, my second semester in school, she had a question that I felt was incorrect. I followed protocol to petition the question, a senior instructor even agreed that my evidence proved the question was incorrect. The long and short of it... because of her ego, she ended up YELLING at me in her office and refused to drop the question. I wouldn't let it go, so I brought it to our head of nursing. I never heard anything back, but low and behold... Fall semester of the 2nd year rolls around... and that instructor no longer teaches there. However, she is still "staff" and oversees a few clinical groups. So, she's still affiliated with the college.

Well... now here's the problem. Keep in mind, I never had this woman for my clinical instructor, just for lecture a few times.

Now she is a nurse educator at the hospital I applied to. My friend works on the floor that I applied to, the ACU. I gave the supervisor my resume at an open house and filled out their online application. Everyone had heard back and gotten interviews, but not me... not a word. I talk to my friend, and he told me that he'd talked to his supervisor and she said "Oh, he had a great looking resume, I'm going to get in touch with him."

... well, two weeks later, he asks her if she's called me and she says she's gotten a bad reference on me.

1. I never gave out references

2. EVERYONE who's ever worked with me absolutely LOVES me

3. This former "instructor" is the only person who works at the college AND the hospital

So, I know it was her and so does everyone else. The problem is, how do I prove that she said something. More importantly, how do I make sure I'm not blackballed by this HACK of an instructor ... who *shudder* is now a nurse educator at the facility I want to work in.

What do I do??? ... besides hire someone to kneecap her in the parkinglot, of course.

I can't believe you caused yourself all this trouble over a stupid question! :uhoh3:

Could you have made just a little effort to say this in a kinder way????

Could you have made just a little effort to say this in a kinder way????

I could have, but the OP doesn't seem like a flowery, mushy, squishy person so I figured I'd just be honest. If it were me, I'd want someone to tell me I was NUTS and talk me out of doing anything like it in the future. :uhoh21:

Specializes in 2nd Year RN Student.
I could have, but the OP doesn't seem like a flowery, mushy, squishy person so I figured I'd just be honest. If it were me, I'd want someone to tell me I was NUTS and talk me out of doing anything like it in the future. :uhoh21:

Sugary sweet or not... you missed my entire argument... kind of ironic considering the spirit of it was ineptitude.

Thanks for your concern though... believe it or not, I'm a very mushy, squishy person :) I just don't tolerate ignorant people who don't mind telling 60+ students to do something that could cost a patient their life, not to mention someone's license. It's not about a question... it's about principle.

Specializes in High Risk In Patient OB/GYN.
I just don't tolerate ignorant people who don't mind telling 60+ students to do something that could cost a patient their life, not to mention someone's license. It's not about a question... it's about principle.

Since it's all about principle, can you tell us what that was? If it was just something on a test, there's no HIPAA to worry about or anything. It might help us to understand your situation.

...and why you think you deserve money for what happened...

If this person cost the OP a job, then the money could be the lost potential revenue.

Specializes in High Risk In Patient OB/GYN.
If this person cost the OP a job, then the money could be the lost potential revenue.
Not legally, not unless the OP could prove that he was not able to get an equal job (ie he was somehow black balled in all area hospitals). Even then, to prove that the decision rested solely on this one woman's comment... (which--who knows if anything was even said?? this is coming from a friend who asked the supervisor, who in turn did not name any names...)

And as I understand it, the OP was never promised a job in this facility in the 1st place. It's not like he was fired. He submitted an application and was not offered the position.

I'm totally in your court. The squeaky wheel gets the grease, and you should totally stand up for what is right. Instructors need to practice what they preach, and she should NEVER have said something to a potential employer about you!!!! AAARRRGGHH! I empathize with you and admire your chutzpah!

If, having lost the opportunity for one job, the OP is without an income for a longer period of time because of this incident, then it is indeed loss of revenue.

Specializes in Acute Care Psych, DNP Student.

Thing is, an employer is perfectly within its rights to simply "not have a good feel" about any applicant and decline an offer based upon that. I recall this "not having a good feel" phrase from a court verdict I read a while back, affirming an employer's right to not hire simply for not liking an applicant. This is, of course, excluding discrimination based upon a protected class like race or religion, etc.

You have no idea what was said. Why assume the former instructor lied? Maybe she just gave her opinion. The former instructor could have said something like "He made a federal case out of one exam question. Do you want an employee like that? Trouble." That is not illegal. It's not slander. Maybe she was asked, and she just gave her opinion. Who knows? That's real life in the work world.

Working at any particular hospital is not a right.

I'm sorry this is a disappointing situation.

Specializes in High Risk In Patient OB/GYN.
If, having lost the opportunity for one job, the OP is without an income for a longer period of time because of this incident, then it is indeed loss of revenue.

In a way I agree with you. But no one has said to the OP "You definitely would have gotten this job had it not been for Ms. XYZ having stated that blahbahblah about you". Thus making it impossible to prove.

If I read right, the OP never even confronted the supervisor, he had his friend ask.

And on a legal standpoint, they "defendants" will ask why the OP didn't apply at another hospital/facility. Which is a good question.

We all have places we'd like to work. Sometimes we get hired there, sometimes not. People can't bank on getting any position that they apply for, just assuming they'll get it and not look elsewhere.

Sugary sweet or not... you missed my entire argument... kind of ironic considering the spirit of it was ineptitude.

Thanks for your concern though... believe it or not, I'm a very mushy, squishy person :) I just don't tolerate ignorant people who don't mind telling 60+ students to do something that could cost a patient their life, not to mention someone's license. It's not about a question... it's about principle.

OK, I can be squishy, too, but I have no trouble speaking up when I feel I need to defend my point of view. I get the feeling you're the same way, so I don't feel like I'll trample over you regardless of what I say...hope that makes more sense?

Anyway, I'd still try to talk you out of it if it hadn't already happened. I've seen a few class mates argue over test questions, and it's painful to watch! You can't always be right, even when you are right! I can see a fight to the death when a real patient is involved, but...

Anyway, I wish you well, but I doubt this would go anywhere as a court case. :chair:

Specializes in Me Surge.
Sugary sweet or not... you missed my entire argument... kind of ironic considering the spirit of it was ineptitude.

Thanks for your concern though... believe it or not, I'm a very mushy, squishy person :) I just don't tolerate ignorant people who don't mind telling 60+ students to do something that could cost a patient their life, not to mention someone's license. It's not about a question... it's about principle.

Please tell us what was the thing she told students to do that could have cost a life.

+ Add a Comment