Wrongful Suspension

[NursingStudent5548]

Recently I transferred states and my nursing aide license. I have been working at a new facilty for 3 weeks. I showed up for work and was informed I had been suspended. I checked my voicemail and had two new voicemails. One stated, "I had complaints you were being not so nice to a resident". I was also informed not to come into work for the weekend because I had been suspended. Immediately after another voicemail stated to call back this evening, to come in on Monday, or they would see me at work on Tuesday. I recieved calls again later on saturday, and was asked if I wanted to come in on sunday. I accepted and got more details on my suspension sunday evening. I had been informed the incident in question occured in a bathroom with a resident, and another aide. The conversation was about the resident in the room. The other aide asked how they were doing. I stated "She gave me hell last night" I also stated immediately after "I still love you though,_insert name_". This was reported to the head CNA on the hall. Who felt it necessary to report to the head boss and not the charge nurses The decision was made to suspend me without even confronting me. The charge nurses had heard nothing of the incident until saturday when I arrived. My name was crossed off the schedule, so I checked my voicemail and find out about the suspension. I informed the charge nurses. This proved to be my saving grace. They called the head boss and defended me. Thus, I was called back later that night. I was also informed once suspended during the probationary period you don't come back.

The issue with this whole scenario is I am currently pursuing my registered nursing career. I have a son on the way and am the only income for my family. I plan on continuing a long career with this hospital in the future. I feel this suspension wasn't valid. This wasn't slander or liable. This wasn't neglect considering I took the resident to the bathroom promptly when asked. This wasn't verbal abuse as I wasn't putting the resident down or calling them names. Finally this wasn't emotional abuse as I wasn't trying to convince the resident to change their opinion or beliefs. The resident wasn't even phased by the comment.

Is it just me or was I really out of line? If you considered me out of line was this harsh punishment (pretty much fired) appropriate? Should I consider legal action? For reputation damage, and slander?? I am not sure what exactly was said to the head boss, but I feel it must have been exaggerated to come to such a harsh punishment. Not to mention the fact that the person reporting wasn't there when the incident occured. Also this person works on a different shift (we all know about shift rivalry).

[NursingStudent5548]

I am not "miscalculating the grapevine" already in exsistance.

The "head CNA" doesn't have clout with the charge nurses. I was informed of this by the Charge nurses. They were repulsed by the situation.

The "head CNA" assumed she had a great relationship with the administrator. The administrator wasn't given the whole story. If she would have asked the resident,me, or the other CNA. She might have realized this.

The "head CNA" was obviously not aware of the relationship the charge nurses have with the administrator. She immediately rectified the situation when they became involved.

If anyone is "miscalculating the grapevine" it would be the "head CNA". She has only been there for just over a year. Her only other experience is from the 3 week CNA school she attended.

I was interacting with the resident in a way she prefers. She lives there, and will for the rest of her life. She doesn't like people using medical terminology around her. She prefers simple terms. She desires honest conversation. How would you feel if you have no clue what everyone around you is talking about.

Remember you have dementia, and have never been to any type of medical school. How would you feel if you had very few visitors, and the only people you interact with are the workers of the facility. Would you want them to treat you like a "number" or just a person on a piece of paper. I personally would prefer not to be treated that way.

My great-grandmother is in a nursing home. With my experience, I know the CNA's spend the most time with her. I insist they give me updates on her behind closed doors (because I know they aren't supposed to). I feel they know her best, and I get the most useful information from them. I feel the report we get from the charge nurse's has been dried up due to rules and regulations (no offense to them).

[FireStarterRN, BSN, RN]

I thought you felt like you were unjustly suspended. Aren't you the one who got in trouble?

[~Mi Vida Loca~RN, ASN, RN]

How did the head CNA find out about the comment if only you, your fellow CNA and the Resident were there?? Someone had to have told on you, no?

[Purple_Scrubs, BSN, RN]

The person who reported you should have followed whatever chain of command your facility requires. However, that does not excuse your actions nor should it relieve you of repercussions. You seem to admit that you acted in bad judgment. I do not see how your suspension could be "wrongful", you did the deed you take the heat, no matter who it comes from!

I really don't understand why you think you might have legal recourse for this suspension. People are disciplined all the time. People are fired all the time. If you are an employee in an at-will state, and do not have a labor contract, there is nothing you can do about it. Sure, there are exceptions to employment at will (disability act, discrimination, etc) but I do not see how any of those apply to this situation.

Learn from it and move on.

[gonzo1, ASN, RN]

You just can't take a chance talking like this in front of people in a new job. And no matter what the diagnosis or how much the resident jokes, you are much younger than them.

You need to remain respectful. You wouldln't want anyone saying your grandmother gave them a hellish night. Now would you?

[Virgo_RN, BSN, RN]

To the OP, I stand by my earlier post, but you do have to take your workplace's culture into account. Obviously, someone thought your comment was inappropriate no matter how familiar you are with the resident, which could not be very familiar since you've only been there for three weeks. I'd mind my Ps and Qs if I were you, don't take any formal actions, and just chalk this up to a learning experience.

[Virgo_RN, BSN, RN]

You wouldln't want anyone saying your grandmother gave them a hellish night. Now would you?

My grandmothers are both dead, but one of them did die of Alzheimer's Disease, and I am quite certain she must have given her caretakers many hellish nights. She was a very independent woman, stubborn and bullheaded, and the black sheep of her ultra religious family due to her partying and man-izing ways (womanizing is a word, so why can't manizing be?). Anyway, I realize I am not the OP, nor was I ever in the position of being her caregiver, but I must admit that I would have been neither shocked nor offended by such a comment regarding my grandmother.

*However*, I can see how some might be, so it is wise to play it safe.

[caliotter3]

Whether or not you were out of line with your comment, you now know that you have to watch your back with your co-workers. Don't let your guard down with the people you work with. You should not have made that statement. From now on be especially careful with what you say. The person who reported you is probably not the only peer who would laughingly gloat if they found out they were able to keep you from progressing into nursing. It is the nature of the job. And however this pans out, maybe you should apologize to the resident. (Not with the backstabbing CNA around).

[Teacher Sue]

As a manager, I can tell you that I probably would have taken some kind of disciplinary action had this occurred on my unit. However, I would have spoken with everyone involved before I made a decision about how to proceed. Any situation needs to be investigated completely before any kind of discipline is implemented. I have found that after listening to all sides of any issue, the truth is usually somewhere in the middle.

Your comment was unprofessional and demeaning to the patient, no matter what kind of relationship you have with her. I would actually discourage building a casual relationship with a patient anyway. I expect my staff to maintain professional demeanor with patients at all times. Patients can be and often are offended by a nurse or CNA who is too familiar.

One of the things I do expect is accountability. In your first post you admitted that you made the comment, but your subsequent posts seem somewhat defensive. If I am counseling someone about an issue, and that person admits their mistake, I am usually more lenient with them. However when a staff member comes to my office and becomes defensive or tries to deflect blame on to others, I am less likely to give them the benefit of the doubt.

And try to see this as a learning experience, rather than feeling resentful of the other staff involved.

[pagandeva2000, LPN]

In addition, keeping a professional demeanor around patients protects you in other ways...being placed in compromising situations by being asked to do special favors you have no business doing. You'd be surprized what these things can lead to...bringing contraband to the unit such as alcohol and drugs, etc. I am not saying that the OP would go that far, but, the patient needs to view you as the caretaker, not necessarily a buddy.

[linzz]

If this was me, I would apologize to the patient and to your supervisors. As stated above, they will be far more lenient with you. Although they were quite rough on you, the main thing is that you don't want this even to interfere with your future goals. Although I have not been a nurse for a long time, I do know that you often have suck up a lot of things. It also goes without saying you will have to watch your back 100% of the time.

[leslie :-D]

The OP was extremely unwise in letting her hair down like that around a coworker with whom she was newly acquainted. She was only three weeks into the job and still being sized up by her employers and coworkers.

It's always smart to be on ones very best behavior in a new job. You have to gradually develop relationships. You can't cut loose until you understand the culture of the place, and what can or cannot fly...

this is an excellent point...

being on the job only 3 weeks, it's too soon to be so familiar.

Whether or not you were out of line with your comment, you now know that you have to watch your back with your co-workers.

another very important point.

until you truly know your coworkers and the workplace culture, you just don't know who you can trust.

and even then, i've worked w/'friends' who ended up stabbing me w/a meat knife.

THAT SAID...

i pretty much disagree w/what everyone else is writing.

working in a ltc facility, or a workplace where you're w/the same pts daily, i find it perfectly ok to be more relaxed in your interactions....ONLY if your manner of talking, reflects their personal style.

i can't count how many times i've said, "alice you're driving me nuts tonight...what's going on?" and alice laughs and squeezes my hand.

tons and tons and tons of pts like alice.

because these folks know me, and feel safe with me.

now, i would never be so precocious that i would do this after 3 wks of employment.

it takes time to build relationships, and op, i think you may have been a bit presumptuous in thinking that the pt knew 'you loved her anyway'.

maybe after 3 mos of employment....maybe.

but the bottom line is, as long as pts are treated w/respect and with 100% integrity, to hell with "acting professional"...whatever that means.:)

even the most demented of pts, recognize and respond to sincerity.

they know who loves them and truly cares for them.

in that context, telling them that they gave you a run for your money but you love them anyway, seems ok with me...

but when i do talk to a pt like that, it is always followed with an affectionate noogie and kiss on the top of their head.

op, w/the info you've given, i do feel the suspension was wrongful and inappropriately handled.

if it were me, i would write down the entire story as you remember it, and give copies to your nm, cn and to hr, requesting it to be added to your personnel file.

you may want to add that you've realized how you would handle it differently, should there be a next time.

you need to show them that you have 'reflected' and want to be accountable for your actions.

but you should have been asked your side of the story, before you were penalized.

you were denied due process and that should not be tolerated.

your heart is clearly in the right place, and i so understand your communication style.

but not after 3 weeks.

best of everything to you.

leslie