Did I violate the confidentiality agreement?

[NurseAVO]

Hi all - I know that I should never post work related things such as names/bad comments/coworkers on say Facebook, etc.

At my LTC we have been having issues with our evening shift- always behind and getting to charting late. Staff have been complaining and wanting to make a change.

I had posted on FB a brief description of the home for comparison (Because we have both types-the smaller private homes vs. the larger multilevel homes. We are small.) I did not mention our company, or the name of the home. I posted asking my other nurse friends that work in LTC what their resident-to-PSW ratio is for evening shift(ours is 3-11) .

I was honestly just trying to see what other homes were like- looking for a possible solution that would work with our home.

Anyways I guess my administrator said that 5 people had called her at home to tell her that these bad thing were being said on FB. And I violated the confidentiality agreement.

I understand.. I guess I should've have posted the question? But I don't see the problem since it is kind of common knowledge that there are x # of residents and say x # of staff. Help?

Thanks. Just interested how others feel.

[Esme12, ASN, BSN, RN]

Thanks for your input.

I don't think that it makes me any less- smart at all. I use Facebook for networking and keeping in touch with friends and family so I don't need to be completely anonymous.

I have now edited everything and blocked and deleted the coworkers except the close friend ones that I know are truthful. I also do not have it posted where My place of employment is.

I understand I shouldn't have posted it afterward- but I was just looking to see what other homes do in comparison as I do have a lot of nurse friends from past workplaces/school- just thought there might be a different solution to the issue. I saw it as asking friends in LTC what their staff:resident ratio is- but I guess I crossed the line.

Suppose I will have to censor myself and let things be at work, let them work themselves out -and continue being late at work and never paid for it. lol.

Thanks.

It is hard to tell. The confidentiality agreement has other content besides HIPAA and patient confidentiality. Usually they have non compete agreement and not representing the facility when you aren't on duty....etc. I am not a lawyer and depending what you actually said it depends.

However...I do know that at least one healthcare entity employee fired for FB postings that sued...won and was backed by the NLRB (national labor relations board) for the RIGHT TO ASSEMBLE and organize.

An ambulance company that fired an employee after she criticized her supervisor on Facebook agreed on Monday to settle a case brought by the National Labor Relations Board. http://www.nytimes.com/2011/02/08/business/08labor.html

The plan resolves an Oct. 27 complaint against American Medical Response of Connecticut that said the employee, Dawnmarie Souza, had been illegally fired and denied union representation.

Among the issues was whether a worker has the right to criticize a supervisor on a site like Facebook if co-workers add comments. The case was the first by the National Labor Relations Board to assert that employers break the law by disciplining workers who post criticisms on social-networking Web sites.

“There’s a strong argument that social networks are like a public forum, an invitation to conversation,” said Marshall B. Babson, a lawyer who served on the labor board during the Reagan administration.

Under the settlement, American Medical will revise its “overly broad rules” to ensure that they do not improperly restrict employees from discussing wages, hours and working conditions with co-workers and others while not at work, and that they would not discipline or discharge employees for engaging in such discussions, the labor board said in a statement.

The original complaint by the labor board said that in November 2009, Ms. Souza was denied the right to seek union help before she responded to a supervisor’s questions about a customer complaint. She had posted disparaging remarks about a supervisor on her Facebook page from a home computer, according to the case. American Medical Response said in November that the statements she had made did not qualify as protected activity

The NLRB’s Hartford regional office issued a complaint against American Medical Response of Connecticut, Inc., on October 27, 2010, alleging that the discharge violated federal labor law because the employee was engaged in protected activity when she posted the comments about her supervisor, and responded to further comments from her co-workers. Under the National Labor Relations Act, employees may discuss the terms and conditions of their employment with co-workers and others.

Read more:http://www.employerlawreport.com http://www.employerlawreport.com/2011/02/articles/workforce-strategies/nlrbs-facebook-firing-case-against-amr-settles/#ixzz2HhAWYzl9

http://www.employerlawreport.com/2011/02/articles/workforce-strategies/nlrbs-facebook-firing-case-against-amr-settles/#axzz2HhA616iC

[NurseGuyBri]

Wow. If you're a positive, caring, professional person there should not be any issue with facebook. You didn't violate any patient confidentiality issues, but you may have violated the company policy. Our company policy is that you cannot post anything about the company, period. The closest we can come to is stating our position, type of work, and general interactions- this is how I post on allnurses without issues. I use my experience to hopefully help others on here.

When it comes to having friends/ family/ work on facebook, why not? You're a professional, right? You wouldn't post anything crazy, right? Talk to your boss and make sure he/she understands what was actually said, and in the future, dont post ANYTHING about work!

[Inori, BSN, RN]

well .. unless your'e charge nurse, director of xyz its not your problem to fix thier issues and how they handle stuff. Now back to your topic FB never ever mention work issues on there, i dont friend coworkers, and there are no friends at work. Even all nurses.com its not safe to discuss work issues and if you msut get opions make sure you triple edit it such that you can't pinpoint that situation as from your job. I regulary go into my FB deleting stuff and no i dont talk about work.

[angiehope111]

I see nothing wrong with what you did. There is nothing wrong with putting something on your Facebook...freedom of speech. If you have that you work there and then posted something it may possibly be a company policy violation. But I don't see anything wrong with what you did.

You shouldn't be scared to make comments about work on there. Some people are terrified to even post they had a rough day--I do all the time.

I also have close friends, most co-workers and all family on my FB. In your case I recommend finding who tattled and delete them but there is nothing wrong with having people on your FB.