told "cannot perform duties" - page 2

I thought all was well...if you read my previous post about being uncomfortable sticking at LTC because of my inexperience. I have been employed for 3 weeks actually (9 days) with no phleb... Read More

  1. by   KaroSnowQueen
    Just want to commiserate with you. I have worked for people like this, don't know where they lost their integrity, ethics, basic regard for fellow people, but they have.
    Be brave, be strong, and don;t let the bast***s get you down. There ARE other, fulfilling jobs out there with supervisors who are at worst, vaguely pleasant!!!! I agree with whoever said NEVER sign anything accepting blame or misdoing!! Write your own resignation letter and let it go!!!!
  2. by   Youda
    shabookitty, keep a little journal of all the times you have talked to them, what you said, and what they said back.

    Did you sign anything saying you would reimburse for the physical if you did not stay?

    I can't imagine why this profession has the reputation of "eating our young." It's perfectly obvious how nice this _$(*%_$ is being!
  3. by   shabookitty
    good morning...
    Did not sleep a wink thinking about this morning. I got up and went to do sticks at 5am ALONE. I did nothing I that I felt was the teenist uncomfortable...I did not stick in the room where the patient cursed me out and tried to hit me with cane, and I did not stick in the room where the patient was buck naked! Nor did I stick the patient where I was unsure of color of tube used for test.
    My super coor greeted me with smiles this morning "So! How was it? Did you leave many?" I said yes. With the naked man she said "Why didn't you just throw a sheet over him and draw?" I told her "no, I wasn't walking in to humilate him." He is lying there on a plastic bed buck naked with a nurse nowhere in sight! And no linens. My Gosh, he may be old but he is human! She said "Well, what are you gonna do as a nurse?" I said "not leave him naked to lie there, that place is his home...it is not a hospital where he is having a procedure! He dosen't even know me!" She said "Maybe he liked being naked" I said "Maybe he had no choice!" GRRRRRRR! My husband says quit so I am outta here! Walmart sounds so inviting.
    A veteran of the dept says she is not going to transfer me...she is just using me for now. I am going to personnel today.

    Super coor tried to tell me not to pay attn to these folks in homes..."they ALL say they want to go home...and if you were to take them home they would want to go someplace else and so on...they are not right mentally!" I just don't see it that way guys.
    Youda, I did sign about the physical, so i will have to pay!
    Last edit by shabookitty on Oct 22, '02
  4. by   Youda
    shabookitty, I'm so sorry you've had this bad experience. When you get that stupid physical paid for, make sure they give you a copy, so you won't have to have another one someplace else! I really hate it when I hear that someone has been treated this way. I can't begin to tell you how wrong this person is!
  5. by   P_RN
    Did I miss something? Why do you have to pay back for the physical? My letter would say " My last day of work will be ______ (and I'd make it like the next day or so)."
    Signed_________.

    You also may want to see a lawyer about this situation. It all stinks to high heaven. No offense but they SCRE*ED you and now you have to APOLOGISE? No WAY!

    Most lawyers will write a letter for you for a very small fee. Something like: I have been requested by ___you____ to look into the statements/ situation whatever for ___the situation_____.

    This place would be history for me.

    You might want to check into this.
  6. by   colleen10
    Hi Shaboo,

    The fact that the employment agreement you signed says that you have to pay them the fee for the physical should you resign within a specified period of time means that you are not the first one to go through training and then quit.

    Probably, several people have worked there, gone through training, felt uncomfortable and left and the hospital just got tired of shelling out the money for the physicals when the employees would just leave.

    Too bad they can't see if they would change their training program they wouldn't have to worry about any of this.

    Hang in there!

    Col
  7. by   BadBird
    Did you consider reporting them to the state for forcing untrained personnel to do invasive procedures on patients against their will. I think that sounds like assault to me. As far as repaying for a mandatory physical I would let them deduct from my check but they could send me to collections before I would send in any money.

    By the way, I just love you name shabookitty !!! Please don't get discouraged, this is just your first job and it was a bad experience but not all will be like that. Good luck and hang in there.
  8. by   mattsmom81
    I'm so sorry about this awful experience. I don't understand why some people get off treating people so badly...and am always ashamed when I hear of nurses (who are supposed to be compasionate) being so hard on a new employee new in his/her field.

    It simply is not necessary but it happens out there...and we chalk it up to experience and try to learn something from it....even if it's 'get everything in writing up front'.

    As we get older we learn not to be so trusting....I've been taken advantage of and mistreated by employers too (and many of us have I bet) and I know it hurts. Hang in there!

    (((HUGS)))
  9. by   Agnus
    Originally posted by shabookitty
    update: It gets worse

    Super coordinator called me today and said she spoke with personnel.
    I have been given an ultimatum

    #1 They will grant me a transfer...which enables me to go through interview processes with other depts...BUT I must continue to work in this dept until then...doing what I have told them I am uncomfortable at doing.

    #2 Resign...she said I would not be eligible for rehire for 3 years and I must pay back the $175 for physical.

    So basically tomorrow at 5am I am on my own for the first time collecting blood from patients with 9 days expereince...if you want to get technical only 3 days exp b/c I only watched the first 6 days of employment!
    OH OH Call the labor board immediately! Report all this. IT is ILLEGAL to make you pay for the physical and there may be other illegalities in this. CALL NOW! Yes I am shouting at you. This is serious. And what are you doing still working there? Get out now. Forget their threats. GO. You are in more danger staying than leaving.
    Your gut is right.
  10. by   Agnus
    Badbird,
    With all due respect forcing an employee who quits or not to pay for an employment physical goes against federal law.

    This whole situation has been on my mind all night. No I have not been up.

    Shabooty you are naieve and your employer is counting on that. Now get a little sophisticated.

    1. Report them to the Labor Board, today.

    2. Next call your department of health, they are in the phone book. Ask them who licenses medical laboratories in your state. Get a phone # or address. Now call or write the licensing agency and report just what you have said here. Include the harrasment and intimidation tactics.

    3. Sit down and gather up all the stuff you have written. Go back to all your posts on this subject and get copies. Now fill in names dates and times as much as possible. Now start keeping a dirary of everything that is said and done day to day. Include troublesome sticks that you do.

    Put as much detail in all your notes as realistic.

    4. Think about this. Do you really want to work here?

    5. Think about this. Do you really want to work for this place after graduation. This is an employer who uses illegal threats and intimidation with it's employees?

    I will tell you something else about employee law. There is somthing called negligent hiring, and or training. Under the law if they fire you for not being able to perform your job they can be found negligent that is why they want you to resign saying that you cannot do the job. This take that libility off of them. If you resign do not under any cercumstance say or sign anything that says you could not perform the work.
    If are fired you will beable to collect unemployment because with your documentation you will be able to proove negligent hiring and negligent training. ( of course to actually collect you will need to have worked a certain length of time in the last year. ) But it would be well worth filing just to bring this behavior to the attention of the state employment insurance folks.

    If you injure a patient they face the risk of a law suit for negligent training. The burden will be theirs not yours. However, you will have to have all your documentation (the notes you are keeping) in order to proove this.

    What ever decision you make for yourself please, 1. File a complaint with the labor board, and 2. The agency that licenses the lab.

    Heck if you look around the lab or hospital that houses the lab you may beable to locate the certificate of licensure (it has to be posted in public view) From that you will be able to find out who licenses them.

    If this lab is part of the Hospital then you have one more thing to do. Find out who licenses the hospital in that state (same way you found out who licenses the lab) and file a complaint with them.

    The licenses are generally somewhere near the main public entrance. Labs will have these in the public waiting area often near the reception desk.

    I hope you start to realize that this personal dept will not treat you anybetter as a nurse than they treat you now. Remember your application to work as a nurse will be filtered through them. If this hospital or lab treats you badly now they will as a nurse. This is just a taste of what they do to thier employees.

    I am sorry you have had to experience this, Consider it an education. personally I would leave now with my dignity. I would give notice that I will not be returning to work and leave it at that. You do not owe them more than that. If they continue to harras or threaten you as you are leaving tell them to take it up with the labor board because you alread have. Say nothing more. Ignore anything else they say and leave. It is likely that when you mention the labor board they will shut up themselves.

    This is not elementary school where you constantly hear "this will go on your permanent record" Ohhh scarrry! You do not have a marred employment record. You have documentation and legal recourse if they say anything negative about you. But only if you do not sign anything. DO not agree to an exit interview. If your employer wants you to sign anything they are scared. Just terminate.
    If $$$$ is an issue (and when is it not) you can always get a job flipping burgers, cleaning toilets or selling flowers at the state fair until some thing else comes along. At least you will have your dignity, sanity and be without fear. (I had a great time selling flowers at the State Fair. It was the best job! It was just a filler while I was unemployed but I loved it) I've spent a lot of time cleaning toilets too. Actually a very satisfying job. I could see the results of my efforts. (Ok so maybe I have a fettish about clean toilets.)

    PS if after you terminate they withhold illegally from your pay any thing call your friends at the labor board. It is likely you won't have to though because they will likely be warned by the board before you get your check, sincy you will have already notified them.

    Please, understand my advise come from knowledge. I am not guessing or offering my opinion. I am not a lawyer but I have to know the laws. I know that licensing agencies such as those who license labs etc. are also law enforcement agencies and will address your complanints. I told you to call them but you also should follow up with a written letter to the labor board and to the licensing agency.

    You may hear some one say tell JCHO The Joint Commision for Hospital Acreditation. You can but it is really not very useful. They are a volunteer acredating agency and don't have any law enforcement power. And not all hospitals are accredited (remember accreditation is voluntary)

    Oh yea, It is likely that these elderly LTC patients are in a Medicare certified facility. Medicare would like to hear from you.

    now move on with your education because all these folks that you will talk with will be educating you further. In you mind, thank your employer for this learning experience. If you approach this right you wil come out of this much richer for the experience. As you will be much wiser, informed and ready to step into the role of a professional.
  11. by   BadBird
    Angus,

    I agree that the employee should not repay for the physical, that is what I meant.

    Thanks, you do bring up some interesting points especially about negligent hiring. Very interesting indeed.
  12. by   Agnus
    Originally posted by BadBird
    I would let them deduct from my check but they could send me to collections before I would send in any money.

    the problem is with your wording then. I would not tell them they could deduct it nor would I stand still if they did it. I would have the labor board and probably a lawyer on them so fast their heads would spin.
  13. by   Youda
    The problem, though, is that she signed an agreement that she would pay for the physical if she did not stay. That, in effect, waived her rights. She's going to have to pay it.

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