Fired for emergency room visit

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Specializes in RN Psychiatry.

My dad is a nurse on long island. He became a nurse about 5 years ago after he got his associates degree from a community college. It is also important to know that my father suffers from bipolar disorder, and 10 years ago when my parents divorced he went into a deep depression and was drinking. to make a long story short my father ended up with 3 felony (class e) DWIs 10 years ago. As far as we know NY has no expongement so there is no way to get them off. He did a rehab program (10 years ago) and does not drink and went to nursing school to change his life and build a carreer that meant something to him. Now because of his record he must take the most stressful jobs despite the fact that he has good experience. He gets the leftovers, because once he tells a hospital or facility about his record (which he is incredibly embarrassed and ashamed of) they turn him away. Now in addition to this, at his last job in bellhaven hospital on long island, he was a supervisor nurse for the evening shift. Often if the overnight charge nurse went on his shift they would make him take a floor even though it was his shift to be charge... anyway, one night my father became very sick at work. He had been put on a new medication (depakote) and was reacting very badly (work did not know about his bipolar) He started sweating and his blood pressure went sky high despite his blood pressure medication, and he described that he had right flank pain that was at a 10. He called his supervisor and told her what was going on and that it was an emergency, he said his eyes were getting blurry and that he was in excruciating pain. His supervisor told him that she wouldn't come in and that he had to find someone, he reiterated his pain (to no avail).. so then he tried calling a few people. No one answered or would come in. My dad started feeling worse and he looked so bad one of the CNAs said that they would drive him to the hospital, my father was worried bcecause there was no other RNs on but him in the facility, but there was nothing more he could do and his blood pressure went even higher and he was keeling in pain... he went to the hospital with the CNA. They told him he had passed a kidney stone and possibly had a reaction to his new med. Then when he went back to work he was fired. Then my dad fought for unemployment stating he had been fired unjustly, NY state did an investigation and determined this was true. Then he started receiving unemployment, and then they took him to court to get back the unemployment. there were two witnesses, one told the truth and one lied. in the end they said my father had to pay back 8000 in unemployment that he had received. He is devastated, one because he truly felt he had no where else to turn that night, and he couldn't think straight, two because he feels like a failure as a nurse and in life (getting VERY depressed , and suicidal urges), three he worked so hard to get out of the whole he was in only to now owe all this money and be unemployed (and getting more and more depressed since he is 56 with no retirement saved, no house, few family members, lives alone), and finally he is so daunted to get another job because he is scared that maybe he just can't handle it and that he is a failure, and he is worried since he can only get the jobs that no one else wants because of his reccord. Does anyone have any advice, especially about any possibility of expongement in NY.... He is a very good nurse, and he cares more about patients than most other nurses I see, he is truly caring and wants to make their quality of life the best it can be for however long they have to be in care.... help! he really is hardworking and a good man... he's just not perfect, but he doesn't deserve this....

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Im only a Pre-Nursing Student so I don't really have any advice that would help your dad. I just wanted to say that I am sorry for everything he has been through and I really hope that everything will turn out ok. I'm sure that this is all very hard on you also. Hang in there.

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Specializes in Ante-Intra-Postpartum, Post Gyne.

There is a court of appeals for a reason. Appeal it and why hes at it, get the labor board involved and counter sue for wrongful discharge

My dad is a nurse on long island. He became a nurse about 5 years ago after he got his associates degree from a community college. It is also important to know that my father suffers from bipolar disorder, and 10 years ago when my parents divorced he went into a deep depression and was drinking. to make a long story short my father ended up with 3 felony (class e) DWIs 10 years ago. As far as we know NY has no expongement so there is no way to get them off. He did a rehab program (10 years ago) and does not drink and went to nursing school to change his life and build a carreer that meant something to him. Now because of his record he must take the most stressful jobs despite the fact that he has good experience. He gets the leftovers, because once he tells a hospital or facility about his record (which he is incredibly embarrassed and ashamed of) they turn him away. Now in addition to this, at his last job in bellhaven hospital on long island, he was a supervisor nurse for the evening shift. Often if the overnight charge nurse went on his shift they would make him take a floor even though it was his shift to be charge... anyway, one night my father became very sick at work. He had been put on a new medication (depakote) and was reacting very badly (work did not know about his bipolar) He started sweating and his blood pressure went sky high despite his blood pressure medication, and he described that he had right flank pain that was at a 10. He called his supervisor and told her what was going on and that it was an emergency, he said his eyes were getting blurry and that he was in excruciating pain. His supervisor told him that she wouldn't come in and that he had to find someone, he reiterated his pain (to no avail).. so then he tried calling a few people. No one answered or would come in. My dad started feeling worse and he looked so bad one of the CNAs said that they would drive him to the hospital, my father was worried bcecause there was no other RNs on but him in the facility, but there was nothing more he could do and his blood pressure went even higher and he was keeling in pain... he went to the hospital with the CNA. They told him he had passed a kidney stone and possibly had a reaction to his new med. Then when he went back to work he was fired. Then my dad fought for unemployment stating he had been fired unjustly, NY state did an investigation and determined this was true. Then he started receiving unemployment, and then they took him to court to get back the unemployment. there were two witnesses, one told the truth and one lied. in the end they said my father had to pay back 8000 in unemployment that he had received. He is devastated, one because he truly felt he had no where else to turn that night, and he couldn't think straight, two because he feels like a failure as a nurse and in life (getting VERY depressed , and suicidal urges), three he worked so hard to get out of the whole he was in only to now owe all this money and be unemployed (and getting more and more depressed since he is 56 with no retirement saved, no house, few family members, lives alone), and finally he is so daunted to get another job because he is scared that maybe he just can't handle it and that he is a failure, and he is worried since he can only get the jobs that no one else wants because of his reccord. Does anyone have any advice, especially about any possibility of expongement in NY.... He is a very good nurse, and he cares more about patients than most other nurses I see, he is truly caring and wants to make their quality of life the best it can be for however long they have to be in care.... help! he really is hardworking and a good man... he's just not perfect, but he doesn't deserve this....
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Why was the decision made to revoke his unemployment?? Obviously you father had medical documentation to back up the fact that he had kidney stone and 1 witness that corrorborated his version of events. That supervisor who refused to come in should have been disciplined for being an A$$h0!3: angryfire

I agree with HeartsOpenWide, appeal it, counter sue, and get the labour board involved.

My thoughts and best wishes go out to you and your father.

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Your father needs competent legal counsel. He may feel that he can't afford to hire an attorney, but judging from your narrative, he can't afford NOT to.

This might be the kind of case an attorney would take on a contingency basis. That means they don't expect money up front and don't get anything unless they win. Your father has a lot at stake here. Not just the 8,000.00 in unemployment benefits he might have to pay back but his professional reputation and his sanity, as well.

An attorney should be able to evaluate the circumstances and give you a realistic assessment of your options and your chances. You might need to interview more than one firm to find someone who understands the medical hierarchy. It's also important to seek out a person who listens to your concerns and who is willing to work with you.

One little underdog is likely to get chewed up by the system. Even when he is right. Having an attorney represent him at least gives your dad a chance. Contact Legal Aid if there are no other options but, please, get him some competent legal representation while he still has a chance to reverse these decisions.

I wish you well,

Miranda

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Being of the baby boomer generation myself, I can understand some of what your dad is feeling. Every generation is subject to a different type of schooling and life experiences. I'll bet he hasn't really told you how he feels because he knows you can't totally understand things like being his age knowing many of his peers are retired already and he was just starting a career. It is downright scary. He has the added disadvantage of being bipolar and I'm sure thoughts are just churning in his head and he is unable to make sense out of them or come up with a plan to move on. You don't even need a disease at this age to make you wonder day after day what your next course of action should be. It is or can be an unsettlling time in life especially when one is alone. I can relate.

As for unemployment, they plan by their own set of rules and laws. Administrative they call them. They make a judgement and you are powerless to change things. You don't even know the rules so you are at an unfair advantage to start with. Their objective is not to help out when needed, rather to only pay out the least amount of money possible. My son was going to school to get a two-year degree in mechanical engineering. He was working full time at night and paying his own way. He got layed off, was getting unemployment and then it was decided by them that what he was taking in school was not related to the job he got layed off from. So he called the number on the letter he received from them to argue the case. After the call he got a ruling stating he had to pay back the money. They said the telephone call was his hearing. He was called back to work, moved in with me because he had to pay back the money. He got his degree and is now in engineering for the company he worked at while going to school--the one that supposedly had nothing to do with what he was taking and he is still paying back unemployment.

As for fighting the unjust firing and getting an attorney, I'm sure he is thinking at his age the fight could drag on for years and it will be hard to find an attorney who will fight for no money up front. But the important thing for him is to have a plan of action. He worked LTC and everyday he took care of people who might have been his age or maybe 10 years older with medical problems. He knows he has less years to live than he already has and in relationship, not that many productive years. Nursing is hard work, especially on older bodies.

I applaud you for caring so much about him. I know he feels fortunate to have you. You might mention to him if he feels he wants to talk with someone who can relate to a lot of what he is going through he can PM me. I know this is hard on you also, so I wish you both the best.

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I'm sorry your Dad is going through this, but I'm not surprised. The nursing profession is very hard on its own, and holds them to an extremely high standard. there is little room for imperfection, and many facilities will go after their employees with chronic medical and psych conditions.

I agree he should speak to an attorney, preferably a NURSE attorney (RNJD) for advice. There are antidiscrimination laws and organizations to protect the rights of people with psychiatric disorders. You may wish to contact them for help and referral.

Best wishes and please convey to your Dad my support.

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Specializes in RN Psychiatry.
Your father needs competent legal counsel. He may feel that he can't afford to hire an attorney, but judging from your narrative, he can't afford NOT to.

This might be the kind of case an attorney would take on a contingency basis. That means they don't expect money up front and don't get anything unless they win. Your father has a lot at stake here. Not just the 8,000.00 in unemployment benefits he might have to pay back but his professional reputation and his sanity, as well.

An attorney should be able to evaluate the circumstances and give you a realistic assessment of your options and your chances. You might need to interview more than one firm to find someone who understands the medical hierarchy. It's also important to seek out a person who listens to your concerns and who is willing to work with you.

One little underdog is likely to get chewed up by the system. Even when he is right. Having an attorney represent him at least gives your dad a chance. Contact Legal Aid if there are no other options but, please, get him some competent legal representation while he still has a chance to reverse these decisions.

I wish you well,

Miranda

Thanks for the advice, he is currently appealing, and he has legal aid, a student lawyer or something like that pro bono. Another twist to this is that my father get very high anxiety in court and can't think straight because it reminds him of going to court with my mother, he starts racing and going manic... I just feel so bad he has to go through this...

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Specializes in RN Psychiatry.
Being of the baby boomer generation myself, I can understand some of what your dad is feeling. Every generation is subject to a different type of schooling and life experiences. I'll bet he hasn't really told you how he feels because he knows you can't totally understand things like being his age knowing many of his peers are retired already and he was just starting a career. It is downright scary. He has the added disadvantage of being bipolar and I'm sure thoughts are just churning in his head and he is unable to make sense out of them or come up with a plan to move on. You don't even need a disease at this age to make you wonder day after day what your next course of action should be. It is or can be an unsettlling time in life especially when one is alone. I can relate.

As for unemployment, they plan by their own set of rules and laws. Administrative they call them. They make a judgement and you are powerless to change things. You don't even know the rules so you are at an unfair advantage to start with. Their objective is not to help out when needed, rather to only pay out the least amount of money possible. My son was going to school to get a two-year degree in mechanical engineering. He was working full time at night and paying his own way. He got layed off, was getting unemployment and then it was decided by them that what he was taking in school was not related to the job he got layed off from. So he called the number on the letter he received from them to argue the case. After the call he got a ruling stating he had to pay back the money. They said the telephone call was his hearing. He was called back to work, moved in with me because he had to pay back the money. He got his degree and is now in engineering for the company he worked at while going to school--the one that supposedly had nothing to do with what he was taking and he is still paying back unemployment.

As for fighting the unjust firing and getting an attorney, I'm sure he is thinking at his age the fight could drag on for years and it will be hard to find an attorney who will fight for no money up front. But the important thing for him is to have a plan of action. He worked LTC and everyday he took care of people who might have been his age or maybe 10 years older with medical problems. He knows he has less years to live than he already has and in relationship, not that many productive years. Nursing is hard work, especially on older bodies.

I applaud you for caring so much about him. I know he feels fortunate to have you. You might mention to him if he feels he wants to talk with someone who can relate to a lot of what he is going through he can PM me. I know this is hard on you also, so I wish you both the best.

Thanks so much for this post it meant allot to me. I love my dad so much and I know he can do this, but I do understand the pressure of aging and feeling insecure financially, and feeling lonely. I may try to post so he can see that he is not alone and that other nurses experience problems with unfair politics in nursing... thanks for your caring and kind words, I want things to work out, but your also right its difficult for me too, I have issues with depression and anxiety that I need to monitor myself... But we all need love and support, no one can live without that.

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Specializes in Community Health Nurse.

So sorry to hear about your father's predicament. Tell him to not give up hope, and continue encouraging him to remain positive as he pursues employment again. :icon_hug:

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hi everyone

i aam a Canadian certified personal care worker, I came down to Texas on a visit, really like it here. I have applied for a couple of jobs in the area where i am staying, I have been told that they can't hire me until I become licensed to work in Texas. Could anyone tell me do I have to take the whole cna course or can I just go and write the exam. Any help anyone can give me would be greatly appreciated.

Donna

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hi everyone

i aam a Canadian certified personal care worker, I came down to Texas on a visit, really like it here. I have applied for a couple of jobs in the area where i am staying, I have been told that they can't hire me until I become licensed to work in Texas. Could anyone tell me do I have to take the whole cna course or can I just go and write the exam. Any help anyone can give me would be greatly appreciated.

Donna

Welcome to Allnurses Donna. Visit our other forums as well...we have a forum for Texas although not a specific one for CNA's that I am aware of. There may be someone in the Texas forum who knows if you can challenge the exam to become certified as a CNA (it isn't a license). I doubt it but check.

Many nursing homes offer the course for free if you agree to work there so check around the area. Any nursing home would have the appropriate phone numbers to the CNA certifying organization.. :)

Again welcome and good luck! :)

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