retaliatory termination

jurbyjunk · Sep 20, 2002

Get thy butt down to employee relations, ask for your file (you'll need to give them probably 48 hours notice and they won't sound too pleased) and PHOTOCOPY EVERYTHING, even copies of, for instance, your nursing license. And don't let them tell you

that you can't. I was involved in a retaliatory firing back in '82 (yup, I"m old and ancient) and this is what my union told me to do. Also, I hope that you've kept copies of your evaluations plus any "aren't you wonderful" letters that you might have received.

Don't tell emp rel that you're planning to photocopy ahead of time, either. Once you've photocopied everything, and I mean everything, in your file, nothing negative can be slipped in without your knowledge and your employer can't claim that you knew about the negative items.

Everybody's right. Kiss off this job and start applying elsewhere BEFORE any job action can occur. And document any retaliatory threats as well, have your lawyer introduce it into court's evidence when you go to support your co-worker.

Good luck. I was out of work for almost 2 years, although I took an OR course for the last 7 months and went on to get a job in that field.

I'd been an NNICU (tertiary, transport team, nurse clinician) nurse for almost 18 years and suddenly found that I was "not qualified" to work in a 5 bed secondary NNICU. Even though on every job application that I filled out, I wrote "please contact BCNU (my union) for further information", each personnel office ignored that and contacted my former employer. And given the opportunity, BC Childrens Hospital viciously blackballed me. They also claimed that I had "lost" my nursing licensure. I sued for "wrongful dismissal" and was awarded all of my backpay, raises, etc. to the tune of $16,000.

At first, I was numb with shock. Newly single, and with 2 kids to boot. But looking back at that time, it was the best thing that could have happened to me. I got to take time to do things with the kids (band mom, paper drives, etc) that I would have missed otherwise. And I discovered that the sum total of my worth was not just my career "label".

I went on to take a job working in a specialty that I enjoyed, and I've been there for 18 years.

-jt · Sep 20, 2002

They are breaking the law. I agree with everyone saying call the National Labor Relations Board in your city & file a complaint about harrassment & get your own labor lawyer. They will have to back off you & you can continue to work there if you want to.

Its your choice if if you want to stay there or not, but if you just resign & go away, you have no harrassment case against them & they get away with illegal activity against you. And you are wrongfully out a paycheck. So if youre going to choose to resign, think about making it a resignation under duress & filing a lawsuit to collect damages from them.

You would be entitled to compensation for damages & lost wages from the hospital if they illegally fired you in retaliation or possibly even if you feel so harrassed & threatened that you were forced to resign under duress for your own well being. The key is to keep a running, dated record of all the harrassment & stuff that they do & say to you. You should have a trusted colleague with you to witness all conversations between you & nursing management.

Whether you choose to continue working there or not, speak to a labor lawyer or 2 before taking action.

If you choose to resign go to your exit interview & tell them exactly why you are quitting. Make it known to all including your manager that you are resigning because you feel harrassed & retaliated against & why... & that you cannot work in that kind of environment because of the stress & anguish they are causing you. Let them be clear that you feel forced to resign. And ask for a copy of your exit interview statement, or write it all down for your records as soon as you can.

Whatever happens, if you are terminated or resign, & find you are blacklisted in your area because of your situation, that is also illegal & you would be entitled to more compensation for those lost wages too. You have every right to speak up for that injured RN without being punished for it. And if the hospital does punish you, whether you choose to continue working there or not, you have every right to make them pay restitution to you for its illegal actions.

I work in a unionized facility & one of our RNs was wrongfully terminated. After we filed the grievance, the hospital offered her the chance to change it to a "voluntary" resignation & just go away quietly. She said no. She was out of work for months & then found an even better job that she loves, but she went ahead with her grievance arbitration (which is like a lawsuit) for wrongful termination anyway. It took 18 months of court dates & delays & hearings but she won her back pay, lost wages, the termination removed from her record, and even won the JOB back.

The hospital had to pay her the $100,000 that she would have earned if they hadnt terminated her. She took the check but chose not to come back to that job.

If she had just resigned and moved on, she would have lost all that money they owed her.

-jt · Sep 20, 2002

RNs testifying against a physician - not exactly the same situation as you - but the ruling is something to let your lawyer know about

New Mexico RN Whistleblowers Win In Court

http://nursingworld.org/tan/01julaug/nmwhist.htm

Crumbwannabe · Nov 13, 2004

Document, document, document all of this. Then see an attorney who deals in labor law. (NOT the injured nurse's attorney.)
(By the way, your job is now toast no matter what you do, so don't bother to try to "save" it.)
IMHO

Small digital microrecorders work great and don't cost much anymore at Radio Shack. You can even archive conversations on CD, hook it to your phone, hide it on your person, et.c. Of course I would never do anything such as that, but one good effect of the 'war on drugs' is increased wiretapping and bugging rights by private citizens. (Check your laws, first, before you let anyone know you are doing it. At least you will have your own little verbatim archive to refer to. BTW, don't forget to weave date and time in on a conversation.

Then when you catch someone telling a 'non-fact', you can reply with the title of this post.

Crumbwannabe · Nov 13, 2004

i am expected to testify on behalf of a nurse who was injured on the job, and this testimony would not be favorable for my employer. yesterday i was read the riot act from my administrator (re: a very benign incident) and strongly feel i am being harrassed. my facility is non-unionized. i have worked there for over 5 years, and have always been reputed to be one of the best. this administrator and don have both been at the facility for around a year. do i have any protection or recourse from this harrassment?

Ever hear the term 'coersion'? or 'witholding evidence'? Your manager is practicing these crimes.

Get a microrecorder. also under the WARN regulations, look them up, you are permitted to have another co-worker present during any counseling. Don't expect them to let you know. Do have to enact a 'Miranda' for everything?

saskrn · Nov 13, 2004

i am expected to testify on behalf of a nurse who was injured on the job, and this testimony would not be favorable for my employer. yesterday i was read the riot act from my administrator (re: a very benign incident) and strongly feel i am being harrassed. my facility is non-unionized. i have worked there for over 5 years, and have always been reputed to be one of the best. this administrator and don have both been at the facility for around a year. do i have any protection or recourse from this harrassment?

Unfortunately I do not have any words of wisom or good advice to offer, I just wanted to say that what is happening to you is BS! Stay strong!

hoolahan, ASN, RN · Nov 13, 2004

Just an FYI folks, the original post is over 2 years old. How did it work out earle?

VizslaMom · Nov 14, 2004

Looks like good suggestions so far.

I definately agree with DOCUMENTATION and having a witness present during meetings with 'higher-ups'.

VizslaMom · Nov 14, 2004

OOps. Didn't even see the date on this......I'd be interested to find out what happened too.

Oh well.

Crumbwannabe · Nov 14, 2004

Hi,

Using a search engine, there are plenty of sites out there describing the laws regarding taping and bugging conversations in the various states. Federal supercedes state laws. Bear in mind, that if only one party is required to have knowledge, that party is you.

The employer may have policy against recording conversations, but law supercedes policy. Presently only 13 states prohibit recording unless both parties are aware.Just watch yourself, know what you are doing.

Some say I may sound paranoid, but when you work in institutions with cameras hidden in bathrooms and the like, it kind of weakens that argument. Better to have all the verification you can get. Take a fool's advice....

hartmoon · May 25, 2005

i am expected to testify on behalf of a nurse who was injured on the job, and this testimony would not be favorable for my employer. yesterday i was read the riot act from my administrator (re: a very benign incident) and strongly feel i am being harrassed. my facility is non-unionized. i have worked there for over 5 years, and have always been reputed to be one of the best. this administrator and don have both been at the facility for around a year. do i have any protection or recourse from this harrassment?

I would stongly recommend writing everything down including names, dates andtimes and mail it to yourself and when it returns do not open it but save it in a safe place. If they take any action against you , you can make a complait to the state board against them and possibly take legal action.