Are managers allowed to give ultimatums?

[ITALY123]

TONIGHT WE HAD A MANDATORY MEETING. EVERYBODY WAS IN ATTENDANCE AND MY MANAGER TOLD US THAT SHE MADE UP A 100 QUESTION TEST THAT WE HAVE TO PASS WITH MISSING 10 OR LESS. IF WE MISS MORE THAN 10 WE ARE TERMINATED?????? IS THAT EVEN LEGAL? SHE HAD PEOPLE IN AN UPROAR! SHOULD I JUST GO ALONG WITH IT AND TAKE THIS TEST? OR SAY SOMETHING TO SOMEBODY AT HR???

[leslie :-D]

While it sounds like a really dumb approach on this manager's part, why would it be illegal?

The manager decides that in order to work within a given department, nurses need a certain competency level. He/she give a test to ensure all nurses meet this level. We all have tests, of various sorts in order to maintain our jobs.

i can understand competency tests as a condition of employment, but not after you're hired.

i'd sue if i were terminated, IF this test was given w/o any type of inservicing.

even in an at-will state, wrongful terminations exist.

seriously.

leslie

[highlandlass1592, BSN, RN]

Actually, it sounds like she's trying to make sure you're competent to practice. Yes, your manager can make up a test as a condition of employment. And in some cases, unions will agree with the manager's right to do that, as long as it's not a violation of the contract. Why are you so worried about it? If you don't feel you can pass, then talk to the manager about setting up a review. I've had to do stuff like this in the ICU for years...what's the big deal?

[erroridiot]

Tests are usually given after an inservice or some educational effort on the part of the tester.

You should have study materials for the test.

[Baloney Amputation, BSN, LPN, RN]

Yes my manager was indeed the one to make up the test. She said she wants everybody to be well rounded because some of us are very profficient in all the softwares and systems we use. Others, not so much. It is only in our unit. She said in the meeting that if she hears any of us talking about it outside negativly there will be severe consequenses. The funny part was that last night 5 brand new job postings from our unit went up on the website when in my entire time working there she has never put up more than 1 at a time.!!!!!!!!!!!

It sounds like she's looking to clean some house and is going to justify it by the test results. Keep every piece of documentation you possibly can about this.

[Hushdawg]

i'd sue if i were terminated, IF this test was given w/o any type of inservicing.

even in an at-will state, wrongful terminations exist.

seriously.

This is true, but only if you can demonstrate that the termination violated federal guidelines or constitutional rights (like the two times I was fired for my religion and once because I attended a political rally on my day off that the owner didn't approve of).

The test, if it is cited as the exclusive reason for termination, would fall into that category since if it is not issued by an authorized cognitive testing center and contains accreditation from a recognized body.

However, the hospital can get out of that legal trouble by claiming any number of additional issues, so they can claim that the test was the final straw but the other reasons are the core.

Yes, she would be able to draw unemployment; but it would be a less cut-and-dried case if she chose to sue.

Get a good lawyer that deals with employee rights cases or business law.

If that lawyer can demonstrate in writing that the hospital violated federal guidelines then the state labor department will be on your side before you even begin the lawsuit and that is a position you can win.