Wrongful termination or being put between a rock and a hard place!

Nurses General Nursing

Published

To all RN's out there,

Has this EVER happened to any of you out there? What can an RN do when they are Wrongfully Terminated? In the state of Indiana if an RN is terminated and the notice of termination it is alleged that there was wrong doing. The terminated RN is required to notify the State Board of Nursing. Likewise, the terminating entity is also mandated to notify the state of the terminated nurse's status and is required to provide evidence to lend veracity to the grounds for the termination. Basically, this is to be done to justify the termination and to prevent the accused RN from continuing to practice. I did as I was asked to do and I notified the board. The board concurred that based upon the accusations made - the termination was warranted. The other interesting point is that when I was terminated - I was still working as a new trainee under a mentoring RN. We would go out and do home care visits. She and I would share the work load and document each other's care and assessments. That is what is so unexplainable to me. Her work was my work and mine hers!

As for the actual termination, I also informed the board that absolutely NOTHING stated in the notice of termination was truthful. Nothing that was said about me actually ever happened. I asked the board if the entity in questions had actually provided the board with the evidence to support these accusations. This is required by law as well. The board informed me that this company had not complied. The board asked me to secure this evidence. At this point I had already begun that process. I sent e-mail after e-mail. Each was answered and I was told by the firing entity did not have to provide any further evidence. Their simple accusations were evidence enough! My e-mails requests went on for months and all the way to the CEO of the company. He to also finally wrote back to me and said that they were not required to provide evidence to support their accusations against me. By this time I had already secured another position with the VA. It is a good job with benefits; but, it was not working directly as an RN.

The company that did this to me was NEVER required to justify their actions to the board. I also informed the company that fired me that if I had done all that they accused me of - then the entities that they cater to needed to know that various client assessment that I was a part of needed to be identified and re-evaluated. At that point the entity then threatened to sue me for tortious injury. I was required by the nursing board to appear before them to answer the claims against me by the entity in question. I was also required to provide my e-mail and correspondence traffic with the company. I did as I was instructed to do. Upon meeting with the board, the board then became very accusatory toward me when I could not explain the accusations made against me. They also did not understand why I was becoming more and more frustrated with the company that had fired me. I explained that I had been repeatedly for months asking that this company comply with the states requirements that they provide the evidence to support their slanderous allegations against me and that the company continued to refuse to comply and that is why I was upset with them. Most normal people would be! The board did not seem to comprehend this? The board stated that they all knew this entity and that they would not make things. My attorney and I both noted that this presented an obvious 'conflict of interest' for the board to make that statement. The board ignored this when we pointed this out to them. When I also pointed out that the entity had not complied with the states mandates to provide evidence to support their claims against me. The board informed me that in the case of this entity - they were not going to require them to do so?

The board then informed me that I was to be put on indefinite probation; to secure an MMPI-II to evaluate me for anger issues; and to demonstrate my continued nursing education; and finally to complete 6 additional months working as an RN with reports to be provided by my employer of the quality of my work. I again pointed out to the board that I had another good job and that I currently was not working as an RN. I also pointed out that even were I to quit my good job to try and go out and secure an RN position - no company is going to hire an RN with a status of probation on their license.

I have attempted to secure guidance from the board as to how I am to comply with this requirement to keep my good paying job and also secure a full time job as an RN while showing as being on probation. The board has thus far refused to answer my pleas for help and guidance here!

So..., I am very much as a loss as to how the board has actually done anything to even remotely treat this case in a fair, impartial and non-judgmental way? What am I to do? If there is ANYONE who has some idea what I can do here to remedy this situation - please let me know? I guess it really is true - Nursing Boards really do Eat their Young!

Thank you,

V/r

JRS, RN ASN

CPT, MS,

URAR

roser13, ASN, RN

6,504 Posts

Specializes in Med/Surg, Ortho, ASC.

I'm really glad to see that you have an attorney. He or she should be your sole source of information. This situation sounds very confused/confusing & convoluted. I do hope that your attorney has a lot of experience with boards of nursing.

With regard to "wrongful termination," I do not believe there is such a thing in Indiana. Employers can terminate employees without cause.

Asystole RN

2,352 Posts

If you have an attorney then why are you seemingly independently interacting with all parties? That is literally one of the major reasons to get an attorney.

If you feel a company is slandering you well...there are attorneys for that…if you do not think the board is acting justly…there are attorneys for that. If you attorney is not supporting you in a fashion that is in your best interest then get another attorney.

From personal experience, the board is comprised of nurses who know and interact with the leadership of most of the healthcare companies in the state. The pool gets smaller the higher you go if you know what I mean.

jrstephens1

3 Posts

I started out by myself. I did not seek the help of an attorney (and this was not his area at all) until the company threatened to come after me for wanting to have this investigated. They are not very keen on the truth coming out. If this company had been that sure of their actions - you would think that they would have welcomed this? It has ALWAYS been my experience that those who have done nothing wrong are willing to speak and those who are guilty usually hide behind 'no comment'. It also never occurred to me that this could be or would be hard for any competent individual (or board) to understand? Three things apply here: (1) I was terminated. (2) Grounds to justify this termination were officially requested several times. This is known as discovery! All requests by me and my attorney went unanswered - the company blatantly refused to comply. (3) By virtue of that fact alone (and per my attorney - the termination should have been overturned - not to reinstate me but just to remove the blemish to my record). This was not the direction that the board went and by doing so they actually went against their own guidelines. Additionally, ANY board member should recuse themselves from sitting on this board if they cannot be objective. By interacting with the very companies in question - the board cannot help but be biased and partial and therefore cannot act fairly. I guess this is quite evident at this point. It is funny or ironic from the standpoint that I am in the military. I have served for 30 years now - both on active duty and in the reserves. It also NEVER occurred to me that I was fighting to protect a Country that approves of and sanctions companies that treat their employees so poorly and with amazing disregard. This is not the American I remembered and loved so dearly. We've definitely gone in the wrong direction as a nation!

Finally, one point I want to mention here (this is not a situation that in ANY way, shape, or form should or normally would involve feelings - they have no place here)! I am purely asking that actual facts be presented. If matters were dealt with by utilizing facts and not heresy. Things would be a lot better for all.

Thank you for your comments in answering my post.

dishes, BSN, RN

3,950 Posts

The BON is not in the business to provide guidance on how a nurse can comply with disciplinary decisions, they are in the business of protecting the public, full stop. I don't know if there is anything you can do to remedy the situation, since the disciplinary decision has been made, suggest you contact an attorney familiar with nursing licensing issues, you can find one through TAANA.

jrstephens1

3 Posts

TY - I will try that.

caliotter3

38,333 Posts

Go to a state where every termination is not presented to the Board in order to crucify the nurse. Yes, you will still get fired, but then only have to deal with employer blacklisting. Fighting the Board on bogus accusations is just way too much for one individual. The sad thing is that employees whose practice really should be scrutinized are most likely able to slide through the system as long as they play the employers' game.

roser13, ASN, RN

6,504 Posts

Specializes in Med/Surg, Ortho, ASC.

There are so many issues in your statements that I don't think any of us can begin to understand. But a couple of reminders: again, grounds for termination are not required in Indiana, and "Disvovery" is a term used in civil lawsuits. I'm not sure at all that you can request documents randomly and call it Discovery

What I know for a fact is that you need a different attorney.

dishes, BSN, RN

3,950 Posts

Are you still working for the VA in a non-nursing position? If the VA employer wrote a letter to the BON to vouch for the quality of your non-nursing work, will it help?

Specializes in ICU.

Indiana is an at will state. They do not have to provide anything for your firing. You do not work with a union. Therefore, you can be terminated for absolutely any reason.

Yes, that termination needs to be reported to the BON. But I'm going to say the way you approached this was all wrong and are now having to face anger management should you come back.

You need to come at this whole situation differently and lose the immense anger. It's obviously not getting you anywhere.

I honestly had a hard time completely understanding your post, but did get the feel of your anger.

Im sorry you are having an issue. But step back, look at what your actions are, and attack this situation differently. You are fighting a losing battle they way you are handling things now.

OrganizedChaos, LVN

1 Article; 6,883 Posts

Specializes in M/S, LTC, Corrections, PDN & drug rehab.
Indiana is an at will state. They do not have to provide anything for your firing. You do not work with a union. Therefore, you can be terminated for absolutely any reason.

Yes, that termination needs to be reported to the BON. But I'm going to say the way you approached this was all wrong and are now having to face anger management should you come back.

You need to come at this whole situation differently and lose the immense anger. It's obviously not getting you anywhere.

I honestly had a hard time completely understanding your post, but did get the feel of your anger.

Im sorry you are having an issue. But step back, look at what your actions are, and attack this situation differently. You are fighting a losing battle they way you are handling things now.

I'm glad I'm not the only one who had a hard time understanding her post.

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

I'm going to PM you :)

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