Verbal, Written Warnings and Termination

Health care employees are worried or concerned they may be on the ladder of warnings, from verbal warning to written warnings with termination not far up. For many this is not an unrealistic fear, it is something which is affecting their daily working life and erodes into their home life. This is the nurse's guide to warnings and what to do when you get them. Nurses General Nursing Article

I know a lot of healthcare employees are worried or concerned they may be on the ladder from a verbal warning to written warnings and then fired. For many, this is not an unrealistic fear it is something which is affecting their daily working life and erodes into their home life.

For some employees, it is something which occurs out of the blue and was totally unexpected, for some they are expecting it to happen because of an incident which has to happen either by human error or an unfortunate series of events, but for most it is a devastating situation when it occurs.

Warnings, verbal or written, are usually part of the employer's policy and are not written into law in your state. Most states have "at will" employment where you can quit for any reason at any time, or your employer can fire you for any reason at any time.

So what are verbal warnings? They tend to be the initial step in the progressive discipline process. A verbal warning is an oral notice to an employee that he or she is not meeting expectations or that his or her behavior is inappropriate in the workplace.

A verbal warning may be an appropriate response to situations including:

  • inappropriate behavior that if repeated could lead to a written warning
  • use of derogatory language
  • tardiness
  • failure to follow hospital practices/policies

The next step is a written warning if poor work performance or a behavioral problem continues after an employee receives a verbal warning, a supervisor may need to employ a more serious measure.

A written warning might be an appropriate response to situations such as:

  • failure to comply with a verbal warning
  • insubordination
  • frequent absenteeism
  • in some instances, a written warning may be appropriate without a prior warning or a record of a prior offense.

Wikipedia quotes termination as

Involuntary termination is the employee's departure at the hands of the employer. There are two basic types of involuntary termination, known often as being "fired" and "laid off." To be fired, as opposed to being laid off, is generally thought of to be the employee's fault, and therefore is considered in most cases to be dishonorable and a sign of failure. Often, it may hinder the now job-seeker's chances of finding new employment, particularly if he/she has been fired from earlier jobs. Job-seekers sometimes do not mention jobs which they were fired from on their resumes; accordingly, unexplained gaps in employment, and refusal to contact previous employers are often regarded as red flags.

Termination of employment - Wikipedia

So what should we do if faced with a verbal warning?

We should see it as an opportunity to change whatever behavior is deemed inappropriate in our work environment. We might not always agree with what we are being accused of but at least you are being given a chance to change. You should take notes and not commit the meeting to memory, you can review them later when you are alone with time to think. If nothing else they can be the "before" point as you start a process of personal growth.

If your boss doesn't suggest a feedback appointment, ask for an appointment to discuss your progress at a reasonable interval. See this as a continuing dialogue, not just a one-time slap on the wrist.

Not all warnings are fair or appropriate. If the above steps have been taken and you were treated unfairly, you might want to talk to your boss or HR about the warning. Although it is just the first stage of discipline, it does go on your record so you shouldn't blow it off. If the situation persists unfairly, make sure your resume is up-to-date.

If you are given a written warning then you will have an opportunity to read then write your own comments, you are expected to sign a written warning and this is an area of concern for most people, are you signing to say you agree with what is written or are you signing to say you are acknowledging receipt of the written warning?

You are actually signing receipt of the written warning and not that you agree with what is written, many employees do refuse to sign written warnings. Hopefully, your manager would explain this to you.

During the course of my research, I found it interesting that there were more articles advising the employer how to discipline their employees than useful articles to help the employee work through their issues and what to do if they receive verbal or written warnings.

If you do find yourself in one of the above positions it is worthwhile to do a search on stress and how to manage stress, these articles do offer useful advice which will help you improve your working life and in turn will help you change which will in turn probably meet the work disciplinary requirements.

If you are reading my blog because it is something which is affecting your life at this time, the document, document, form a positive action plan implement an action plan and see it as a positive allowing you to change and improve.

Good luck

verbal-written-warnings-and-termination.pdf

You need to get a lawyer or fight yourself to get that red flag off your record with the board. I worked a horrible nursing home where I felt as if my CNA liscense was in jeopardy. There was a group of snotty girls constantly lying on me and the boss would do nothing about it. One girl said I did not pass the morning pills or change the residents on a certain wing. The kicker is is that I wasn't even working that area of the building! If something funky goes on my record with the state that I did not do, I will go to the fullest to make sure it is removed.

You need to get a lawyer or fight yourself to get that red flag off your record with the board. I worked a horrible nursing home where I felt as if my CNA liscense was in jeopardy. There was a group of snotty girls constantly lying on me and the boss would do nothing about it. One girl said I did not pass the morning pills or change the residents on a certain wing. The kicker is is that I wasn't even working that area of the building! If something funky goes on my record with the state that I did not do, I will go to the fullest to make sure it is removed.

And, if you are going to spend time and money on the lawyer - I would go after the company that put that report on your record and charge them with falsification of documents... Hopefully, you documented your side of the story. If they did not submit your side, then I believe you'd have an easy case. I would file stress, loss of job, loss of income, attorneys fees, and wilful misconduct for starters. Good luck.

Specializes in Med nurse in med-surg., float, HH, and PDN.

Thank you for your support and advice. I can't write here about the exact details because I don't want to lose my anonymity right now. But you can bet I wrote the whole thing up; the paper I had to submit to the board was EIGHTEEN PAGES LONG! I figured if I was going to get the chance to tell my side I was going to take them through EVERYTHING leading up to it. I owned what parts of it were my fault, but I felt the whole situation warrented ALL the details, because the facility made some assumptions on the word of two other people. At any rate, the facility DID suffer under the ensuing investigation and ended up closing that wing down and turning it into something other than what it was. When they had JCOHA in to inspect, that wing was NOT included in the inspection process. Is that odd, or what?! Because I was not willing to give up my license, and I did not select to go through a drug rehab program ('cause I don't DO drugs!), I asked for an investigation; during that investigation someone finally got to see all the problems inherent in the set-up and could see the staff-patient ratio wasn't appropriate for those kind of patients. I'll have to look through my communications from the board about the matter because I'm thinking that I signed some waiver about representation by a lawyer during the whole process and that I'd abide by the boards decision,. What kind of a lawyer should I seek out? It'd have to be someone familiar with nursing laws, not just someone who does employment cases, I'd think. And since I'm sweating the bills EVERY week and have had to get an EKG and treadmill stress-test, and now have to go see a cardio-guy in two days...$$$$$$$, even with health insurance; well,I'm not sure the wallet could take the stress. I would think I could get one of those "first visit for consultation is free" deals. I guess it would behoove me to look into it. I'm a very young, vital 61, and don't plan on ( nor could I) retiring anytime soon. I wish I could get a face-to-face interview instead of relying on computer applications because they don't give any sense of who the person really is.Oh,well!! ...."And, other than that, Mrs. Lincoln, how did you like the play?" / Thanks again.

A darn good lawyer. It sounds like you were accused of possibly taking patient drugs... A urine test could have cleared that up, unless you have your own at home and sometimes take them as many do... We are only human and have many aches and pains - which means you should show them your prescription and that would prove you don't need to risk taking them from anyone - you have your own! I don't know your whole story, but you would have to prove you have not been able to get another job - which would be part of your damages. You'd also have to prove stress and other - so you'd have to show you've seen a doctor for it..

The facilities are usually very large and have great lawyers. Your best bet would be to get your name cleared and then some compensation from them. They sometimes might setttle to get rid of you. You should probably take that. Some get really ugly and will try to destroy you. It can be very expensive and you don't want to go through it with those a_ _ h_ _ _ _ _. You really don't.

Again, your lawyer has to be great. I doubt any would take it on a contingency basis. There might be ALOT you can do with a legal assistance firm. They could help you file your own case. I'm not kidding. You wouldn't have to pay a lawyer a dime. You're the one with all the facts. You might find a friend who could help you with this. If things got further along - like depositions, trial, then you will need one.

Get the paperwork for filing an EEOC complaint. You write your story - wrongful termination, loss of wages, loss of enjoyment of life, embarassment, shame, depression, fear, stress, palpiations, insomnia, damaged reputation, ect... Then the employer will respond. See what happens after that. You will be referred to a mediator and you could settle for something. (Part of that settlement would be to clear your name - I hope.)

Good luck.

Specializes in Med nurse in med-surg., float, HH, and PDN.

I guess I don't need to be coy; it wasn't ME they thought diverted, they assumed I gave one person's drug to another who didn't have it ordered, but who, I said repeatedly, DID need it. I think if they thought I took it they would've pee-tested me; it never came up! The first few things said to me were "That patient didn't have an order for that drug" and "You don't know, that patient might be allergic to that drug; might've had a reaction." But I don't believe they pee-tested the patient either. I LOST the med in a commotion amongst 6-8 pts. Later when we discovered it missing, after repeated searching, I could only think I must've automatically stuffed it in the sharps disposal ( it was 1/2cc topical med) Relief person took sharps box ( clear sides) shook it, peered in; after third shake, she said "oh, yeah, there it is, see?" My fault for not doing visual confirmation; I was so frazzled/freaked, all I said was "Oh, Thank God!" Assuming the loss accounted for, I signed it as wasted, she co-signed. CNA later remarked to her that she had seen me touch patient(who should've had the drug ordered) with a glove on, with which I had applied a med to yet another patient; The two incidents were an hour and thirty minutes apart and the glove was from one pt ; the med was from a diff. pt. entirely, at the other end of the hall, and the obtaining of it involved going to a locked fridge in a locked room. Well, the one who co-signed the waste decided that 1+2=5 or something; she went to DON, reported me; two days later I get called in and aside from that accusation, I was met with copies of everything I'd done wrong in the time I was there (some I'D gone to super/DON/ and veteran of the facility-type co-workers to tell on myself and request correct procedure to amend; some I had no idea bout, and some that'd happened during orientation. None terribly terrible, but like a few times I didn't sufficiently document--- odd for me since at other jobs I was well known for my pertinent and succinct and thorough documentation. As they say, "My bad" but because the previous two days had been sooooo insane, all I could think ofwas to get out of there before I started to break down. Add it all up and with the "new" BIGGIE mistake a perfect time to be told that it was "not safe" for the patients for me to continue working there" And, therefore, they told me, I had been reported to the Board. I was so STUNNED, my brain shut down for a day or two, and it wasn't until two days later that I started thinking "Wait a minute...." Then came the letter from the board and the specific nsg. laws I'd broken,and another week in mental and emotional shock: I had falsified a document, they said, among several other things, and as I told the investigator ,at the time I signed it as wasted, and the other person co-signed it, I thought it had been found. I should have looked for myself and stayed and gone through the trash to see if I had just peeled my glove off around the med and pitched it in the trash on the cart on my way to breaking up the patients set-to. So, I learned don't run your mouth about what SHOULD be, get it done youself, and don't make what you think are funny, humorous remarks around people who don't know you and don't know that's one of your coping mechanisms....it all snow-balled while I was off for a couple of days, and when I went back I was OUT! That's kind of a nutshell.....a big fat giant nutshell. Don't EVER-EVER-EVER think you can take somebody elses word when it comes to a wrong count. If I had known it wasn't REALLY found, I would've been at the DON'S door when she got in the next A.M. and told on myself right away. Others at previous jobs know me to be like that, but these folks , I guess, assumed I was trying to get away with something. Hindsight doesn't help, but it made me feel so creepyand slimey that people would think I was like that. I could've understood being put on probation by the facility, I deserved at least that, but , wow, being turned in to the board, yikes, it is really one of the most awful feelings; you get assumed guilty until proven innocent and it does not matter one bit if it was unknowingly or unintentionally done. And the biggest shock is that too many people don't want to hear or believe your side of it, so it's not totally unlike being an abused child. And, of course, there is no PROOF I can point to that supports my side of things. As a TV character used to say, "What a revoltin' development THIS is!"

Specializes in women/children, pacu, or.

Hello to fellow Nurses in Arms! I haven't been on this site for over a year because I did finally land a job and have been too busy to post. That's good news. I just re-read the last 6 or 7 pages of this thread and it makes me sad. It also makes me a bit sad that there are mean-spirited trolls in just about every hospital or workplace. It has been work to re-learn a former life but energizing. I've moved to a different community (after being told by a former manager that I'd never get work in that area of the state, again! How nutty is that?) and pretty much started over. Trust is gone maybe my blind love of my profession..... I hope not.

Congratulations on your new job! I'm glad the previous employer didn't destroy you! I also got a new job and am really happy. However, ........let's not forget what we have learned - being graduates from the school of hard knocks. Trust is gone, and it's wise not to forget it. Enjoy your job and stay under the radar.

No stars - how did your situation work out? It sounds like the missing topical med was found in the sharps as co-signed as a waste by your coworker. The CNA's account of your touching a patient with a glove on that you also used to touch another patient sounds really arguable. Her word against yours.

Did you file an EEOC complaint. You can do that without a lawyer. (Contact the EEOC and they will tell you exactly what you need to do.) All of the documents that need to be filed and legal ease can be done by yourself or with help from a legal assistance firm (paralegals or such). WAY Cheaper! You don't really need a lawyer unless you go to court. Believe me, I've learned the Hard way $$$$, and did most of the work myself anyhow! I actually could have done better without the lawyer. Not kidding.

Let me know what happened. It's not to late to file.

Specializes in Med nurse in med-surg., float, HH, and PDN.
No stars - how did your situation work out? It sounds like the missing topical med was found in the sharps as co-signed as a waste by your coworker. The CNA's account of your touching a patient with a glove on that you also used to touch another patient sounds really arguable. Her word against yours.

Did you file an EEOC complaint. You can do that without a lawyer. (Contact the EEOC and they will tell you exactly what you need to do.) All of the documents that need to be filed and legal ease can be done by yourself or with help from a legal assistance firm (paralegals or such). WAY Cheaper! You don't really need a lawyer unless you go to court. Believe me, I've learned the Hard way $$$$, and did most of the work myself anyhow! I actually could have done better without the lawyer. Not kidding.

Let me know what happened. It's not to late to file.

To tell you the truth I am just now coming through a honking deep depression , with the help of my primary doc and psychologist, and some meds. So I havent done anything...YET. I appreciate the info. Thanks.

No, the med wasn't found in the sharps box, and I should've thought to look through the trash , but didn't. And of course, the LTC wasn't about to go through trash looking for a syringe folded into a glove. But that's the only other place it could have been.

I've been working as a CNA doing private duty through an agency

Can't post anymore right now, my crazy grandchildren are bouncing all over me on the sofa........

Specializes in Geriatrics.

Today I was discharged from employment due to multiple med errors including transcription errors, failing to remove old patches...no harm was brought to any resident. Makes me feel like a bad nurse, but I know this isn't true; my heart and mind are in the right place, however the environment and circumstances of this last employer were not. Just like all the other threads, either you're in, or you're not.

So I've already gathered a couple job applications (both from previous employers, I left both jobs in good standing and was offered a job OUT OF THE BLUE from one of those employers late last year.) Now, I must fill in my last place of employment.

I know not to lie about my "reason for leaving" this employer; I have read and read and now my eyes hurt so I decided to just ask straight up:

What reason do you give for leaving a place of employment in which you were discharged?

Please, please, please answer this question. I'm in need of employment or risk losing my house and my vehicles.

Specializes in Med nurse in med-surg., float, HH, and PDN.
Today I was discharged from employment due to multiple med errors including transcription errors, failing to remove old patches...no harm was brought to any resident. Makes me feel like a bad nurse, but I know this isn't true; my heart and mind are in the right place, however the environment and circumstances of this last employer were not. Just like all the other threads, either you're in, or you're not.

So I've already gathered a couple job applications (both from previous employers, I left both jobs in good standing and was offered a job OUT OF THE BLUE from one of those employers late last year.) Now, I must fill in my last place of employment.

I know not to lie about my "reason for leaving" this employer; I have read and read and now my eyes hurt so I decided to just ask straight up:

What reason do you give for leaving a place of employment in which you were discharged?

I was recently advised to write on the application that "it was a poor skills fit" and then when asked at the interview, explain the circumstances.

I would put "terminated" or something to that effect, then explain during the interview. It is very stressful and difficult to have to explain firing but reality is that most people today have been fired from a job at least once. Employers simply do not hesitate to fire anymore for any reason. You can have your say at an interview. I like the poor skills fit verbage, it says volumes without sounding ominous.