Can an employer ask this question?

Nurses Disabilities

Published

When coming up with an idea for me to do for our team eventually that would benefit us, if timing was allowed I approached to our exec. Direct. They jumped on the idea and that day made a phone call and with a reply in an email thought it was great and would go forward now with it.

That was unexpected.

The next day I get an email from a asst clinic direct (our teams ACD was on vacay) and she stated it was a bad idea and will talk with exect direct that it won't happen.

Then the next day I was asked to meet with the exec direct and the other teams ACD. In the meeting the exect director stated that she made a decision too fast about the idea I had and is disappointed how it was approached. From there I was told I'm bringing our team down ( I put 150^ when working, we take care of pts that are passing and families). Then that I put community events first over pt care...the most I've done was stop in 1 time for 5mins in between pts...never ever anything else. I take too long at visits and can't time manage. I am spaced out all over, some pts are 1hr and 20mins away and to see 2 of them totals to 4 hrs (one hr visit if pt doesn't have chgs or until controlled restlessness) and the hour drive time. I've asked for help before and now am told I am to never again ask for help nor get help. My case load is too low and other nurses have many more pt, yes and those nurses are in one place- a facility.

The one question that was asked which I think is illegal but maybe not

Is if I was on any medication and if so am I taking it?

I do not understand how this can even be asked. No behavior problems nor complaints on me...as of yesterday I have resigned my case managing position and doing prn while looking elsewhere.

I can no longer do this with now trying to cut short my visits when actually families have nursing related questions or pt needs more care. When getting home I am up till midnight doing paperwork and barely get to see my family.

Any advice?

I also am the only nurse on staff that does the pediatric pts hospice too, no drive time taken in consideration at all and the baby is a 2 1/2 month old and family is different culturally and language barrier. Plus numerous phone calls nightly/ wkend if that pt needs a visit. Told no claiming the time if called. So being that available, like last wkend at a movie with family and got called twice, I didn't answer. She that nurse called our clinical director and she called me to instruct me to call that nurse.

I am mentally exhausted.

Specializes in NICU, PICU, Transport, L&D, Hospice.

If I were in your shoes I would be looking for a new job too.

I would not answer my work phone when not on duty, they can leave a message and you can answer their questions when on the clock.

Can you afford to take a LOA to preserve your mental health? Seems like they should work without your assistance with the peds patients for a spell.

Good luck!

Specializes in LTC,Hospice/palliative care,acute care.

Apparently they think you are bi-polar or have ADD or ADHD.I can't address the legality of the question so I will just encourage you to do some self=examination, see you doc and maybe a counselor for an assessment.

To address the other part of you post I will share what I have learned. You have to play the game and learn to massage the egos above you. You offended the asst clinic director by going over her head and because of that she proceeded to shoot down your plan. Her actions are wrong and demonstrate her immaturity,she can not put her ego behind the good of the organization and the patients.

Now you have a big target on your back.You can stay and try to fix everything about yourself or start over someplace else (hopefully after you get yourself checked out) Learn from this experience.

In the future if you have a great idea-write up a proposal and work up your chain of command. That's how it's done. You run the risk of someone else taking credit for your greatness ,if it benefits the patients so what?

You have to maintain strong boundaries and hospice will burn you out very fast. From reading your post maybe your talents would be better used in an administrative capacity.Bottom line-it's all about the bottom line.

I like that your very honest, and this is something I needed to hear from another nurse.

My next is something very hard, here I am with complete strangers to me and I'm already figured out....yes within the last 2 years I was diagnosed Bipolar 1 with severe depression/anxiety.

What is my fit then? My husband has rode this roller coaster of me in critical care for yrs to this the last 2yrs...I look at my degree and wonder sometimes.

When coming up with an idea for me to do for our team eventually that would benefit us, if timing was allowed I approached to our exec. Direct. They jumped on the idea and that day made a phone call and with a reply in an email thought it was great and would go forward now with it.

That was unexpected.

The next day I get an email from a asst clinic direct (our teams ACD was on vacay) and she stated it was a bad idea and will talk with exect direct that it won't happen.

Then the next day I was asked to meet with the exec direct and the other teams ACD. In the meeting the exect director stated that she made a decision too fast about the idea I had and is disappointed how it was approached. From there I was told I'm bringing our team down ( I put 150^ when working, we take care of pts that are passing and families). Then that I put community events first over pt care...the most I've done was stop in 1 time for 5mins in between pts...never ever anything else. I take too long at visits and can't time manage. I am spaced out all over, some pts are 1hr and 20mins away and to see 2 of them totals to 4 hrs (one hr visit if pt doesn't have chgs or until controlled restlessness) and the hour drive time. I've asked for help before and now am told I am to never again ask for help nor get help. My case load is too low and other nurses have many more pt, yes and those nurses are in one place- a facility.

The one question that was asked which I think is illegal but maybe not

Is if I was on any medication and if so am I taking it?

I do not understand how this can even be asked. No behavior problems nor complaints on me...as of yesterday I have resigned my case managing position and doing prn while looking elsewhere.

I can no longer do this with now trying to cut short my visits when actually families have nursing related questions or pt needs more care. When getting home I am up till midnight doing paperwork and barely get to see my family.

Any advice?

I also am the only nurse on staff that does the pediatric pts hospice too, no drive time taken in consideration at all and the baby is a 2 1/2 month old and family is different culturally and language barrier. Plus numerous phone calls nightly/ wkend if that pt needs a visit. Told no claiming the time if called. So being that available, like last wkend at a movie with family and got called twice, I didn't answer. She that nurse called our clinical director and she called me to instruct me to call that nurse.

Mentally exhausted

Yes I am bipolar 1 with severe depression/anxiety but still human. Since asking that question to me, it has had an effect on me and not in a positive way either.

I am mentally exhausted.

Specializes in LTC,Hospice/palliative care,acute care.

You need a good support system to help you manage your treatment and it sounds like you have that in your husband. You CAN be a success in your chosen field.You have to work hard at keeping yourself in balance and it's a life long journey.

You may find what you feel is your passion in nursing is actually a trigger for your illness.You have the flexibility of that degree-your options are limitless.

You have to take care of yourself FIRST and then you can use your talents to care for others.Never forget that.

You just need to leave this employer (along with other things). Nobody tells a field nurse not to ask for help, or any other nurse for that matter.

For this company I have wrote articles for them and published nation wide, nominated for an award. Other nurses within the company emailing me asking questions...maybe I AM at fault and it's my mental health effecting everything. When first started I had 10 pts dumped in my lap due to a nurse being fired and as stated " we know you have the strengths todo this" then gave me 3 pts almost 2 hours away.

I'm not the only nurse this is happening to.

Perhaps she asked this question out of concern and compassion for you as a person. It seems that she was not really asking as she likely already "knows" something is off with you.

Whatever the reason for the question, you should take some time to reflect on your health. Taking your medications, eating right, exercise, meditation, yoga, etc. all can help. You probably know better than anyone what helps you. Be sure to take care if you, because if you don't, you aren't going to be able to take care of others as well as you would like.

You might also want to check if with you health care provider to check on your symptoms and medications.

I wish you all the best.

Peanut&Buttercup says it well. You sound, from your post, that you are on the verge of a breakdown. Sorry, to say that but if someone gets that feeling over the internet, maybe there is something to the observation. Get your health together. Make it your first priority or you will find yourself in a worse situation than you are now in. Perhaps you need to resign altogether and take time to get it together, or take a leave of absence if you want to try to salvage this job. Whatever you do, you need to get your health together. Can't say that often enough!

No one here can give you legal advice, but I will say this: there are federal regulations, state regulations, and then there are facility regulations (which they should clearly have outlined in their policy manual for employees). Much of your question depends on the latter two: state and facility.

If the facility has a written policy, they must follow that policy. If they have no 'written' policy, then it usually falls on state law or your BON.

They can't just make it up as they go along--an employee must be made aware of specific policies, and those policies must be applied equally to all employees.

Considering you are unhappy with the employer, it might be a good time to look for work elsewhere. It would be a good idea for you to review the employee manual/policy book. And if your answer isn't there, maybe speak with a labor lawyer.

ETA: I echo the above posters. Take care of YOU first. Your health should always be the top priority.

Specializes in LTC, assisted living, med-surg, psych.

Does your employer know you are bipolar? That's the only reason I can think of why they would ask about medications & if you're taking them. It's really none of their business unless you are having unmanageable symptoms at work, and even then, your medical/psychiatric history is private information that's protected by HIPAA.

It sounds like these events at work are triggering. You might want to consider a leave of absence till you can figure out what to do. Use FMLA if you need to. You can't take care of anyone else until you've taken care of yourself first. (((HUGS))) to you.

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