Did I violate the confidentiality agreement? | allnurses

Did I violate the confidentiality agreement?

  1. 0 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.
  2. Visit  NurseAVO profile page

    About NurseAVO

    Joined Jan '13; Posts: 2; Likes: 2.

    15 Comments so far...

  3. Visit  sapphire18 profile page
    2
    NEVER talk bad about your employer on a public forum...if you want to keep your job. Sorry:/
    BrnEyedGirl and wooh like this.
  4. Visit  DoeRN profile page
    1
    I personally despise fb but rule of thumb never ever talk about work on fb.

    Sent from my iPhone using allnurses.com
    BrnEyedGirl likes this.
  5. Visit  nursel56 profile page
    0
    I think when it comes to Facebook issues involving your employer the details and finer points don't really matter as perception is everything. If you work with a group who has access to your page and 5 (!) of them run off to tattle to your manager you really need to watch your back! I'm so paranoid about it now I rarely breathe a word on Facebook about what I do for a living at all!

    I believe that strictly speaking, HIPAA applies to patient information. It doesn't stop people from invoking it for every issue under the sun these days, though.
  6. Visit  mclennan profile page
    0
    I can't believe you a) have ANY co-workers as FB friends and b) don't have your privacy settings locked down tight as a drum so only close friends see your posts.

    I have a strict "no co-workers, no family members" policy about my FB account. It's under a fake name, has a picture of a sculpture for my profile pic, and is totally, completely, 10000% locked, private and visible only to close friends, and I STILL never mention work. EVER. Because I'm smart. See?
  7. Visit  sapphire18 profile page
    5
    Quote from mclennan
    I can't believe you a) have ANY co-workers as FB friends and b) don't have your privacy settings locked down tight as a drum so only close friends see your posts.

    I have a strict "no co-workers, no family members" policy about my FB account. It's under a fake name, has a picture of a sculpture for my profile pic, and is totally, completely, 10000% locked, private and visible only to close friends, and I STILL never mention work. EVER. Because I'm smart. See?
    Mclennan, many people have coworkers and family as Facebook friends. It's how we keep others updated on our lives. I never mention work in any way on there, but still. Doesn't make us not smart.
  8. Visit  NurseAVO profile page
    2
    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.
    jadelpn and nursel56 like this.
  9. Visit  psu_213 profile page
    0
    Quote from sapphire18
    Mclennan, many people have coworkers and family as Facebook friends. It's how we keep others updated on our lives. I never mention work in any way on there, but still. Doesn't make us not smart.
    Ditto on all counts. If a coworker posts anything about work (or anything closely related to work) or about fellow coworkers, I will not comment on the post and I will not 'like' the post (even if I agree with it). While I think Mclennan is smart, this is not the only way to smart on facebook vis-a-vis work.
  10. Visit  nursel56 profile page
    0
    Yep, file it under "lesson learned" and move on. Compared to some of the Facebook Horror Stories I've read here, you may be glad someday you found out how people can be early on.
  11. Visit  jadelpn profile page
    0
    Don't ever put where you work on your facebook. Don't friend co-workers unless you have a friendship outside of work. Lesson learned.
  12. Visit  Overland1 profile page
    0
    Depending upon the actual terms of the confidentiality agreement, you may have, but both remain less than clear at this point. If you posted with your name and the name of the facility, then there may well be something to the employer's being upset. If your complaints in any way identified the place to others, then that could be a problem (depending upon the terms of the agreement).

    The best way is to never post about work related stuff in social media... those things often come back to bite people when they least expect it.
  13. Visit  KimburlyB profile page
    0
    Did you actually complain about your ratios or just inquire what others were? I'm sorry that you work in such a stressful environment! I hope good things come for you in the future.
  14. Visit  Esme12 profile page
    0
    Quote from NurseAVO
    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.
    http://www.employerlawreport.com/201...#axzz2HhA616iC


Visit Our Sponsors
Top
close
close