dismissed from job r/t recent surgery

[Purple Princess]

I had been a care aide at a local assisted living facility. I chose to do this part time as I am a nursing student. However I was told about increased liver enzymes which led to an ultrasound which led to a nice trip to the OR for a lap chole. I was to be out for two weeks and then come back. I was to use sick time and holiday/personal time to stay on the schedule. Very routine procedure. In fact I did return to school and clinicals two days later. However after I was told I would be terminated I put in my notice. This was my first mistake. I met with the manager again a day before the surgery and was also told that my hours would be cut even after I returned,that I was to reapply and they'd hire me back when and if a position was available. Of course this got me upset and I dumbly clocked out and left just 10 minutes before my shift was to end. I'm not covered by FMLA. They got what they wanted and now I'm not eligible for rehire. I put in a notice but they said it wasn't worked out. I didn't want the surgery either but was starting to get sick. It was sudden for me as well. I told them the moment I was told anything from the doctor or surgeon. and when the appointments were and the surgery. I was on christmas break so it had to be done then or it wasn't getting done cause i didn't want to miss school. Looks like maybe if I hadn't had it done i'd still have a job. I'm trying for unemployment but will likely get turned down. The attorney says it was wrong what they did but not illegal. All I know is I could be working now but am left without an identity, depressed and anxious about what will happen next.

[TheCommuter, BSN, RN]

I am sorry about what has happened to you and your previous job.

When I know I'll be away from work more than 1 week at a time due to medical procedures or sickness, I apply for state disability insurance. Usually the doctor is more than happy to sign the paperwork for me.

[thatoneguy]

humm should have let them terminate you. then you would get unemployment for sure. i would just apply at another hospital. dont tell them what happend just that you had to go in for surgery and had to quit as a student but they had told you to reaplly. now you want to check out some other hospitals to see the difference before you graduate and start working as a RN.

[vamedic4, EMT-P]

"I'm not covered by FMLA." - This part I don't understand...FMLA is for serious illnesses and your need for a cholecystectomy (rather immediately) puts you in the category covered by FMLA. In the future - if you know or suspect you may have to have a medical procedure, FILL OUT PAPERWORK. Also, if you should have complications related to this condition or any other (serious asthma, migraine headaches, diabetes) Fill out the paperwork and see to it that this never happens again. You can also post on here the name of the organization that let you go...we'll all make sure we don't work there!!!!Cover your butt.

I'm very sorry you had this experience, and the people who did this to you should go to _ _ _ _. And they should burn. Oh, does that make me bad?? NO. They should get what's coming to them... :angryfire

OK...sorry.

Best of luck to you in the future!! Just concentrate on school - you're better off without those losers anyway.

[zacarias, ASN, RN]

generally FLMA requires you to have worked at the facility for at least a year. Maybe that's why she wasn't eligible? Just a thought...

[jimthorp]

I have to wonder if you have ever had any notes to your file regarding performance or other issues. What was the reason you were given for being terminated? All too often employers intimidate employees and those employees then make bad decisions that adversely affect themselves like "you're not going to fire me, I quit."

I cannot make a judgement because there are too many details missing from your post.

The bottom line is don't let an employer intimidate you. If they try, that is a good reason to seek employment elsewhere. Unless employers like this change their ways they will always have staffing issues.

[CrunchRN, ADN, RN]

PP,

Based on some of your previous postings you have always seemed like a very caring, professional, and hard working nursing assistant. In a word "screw em". They don't deserve you. I am sure there are many other facilities that would be glad to have you. It is their loss not your's. Best of luck to you.

[Tweety, BSN, RN]

I'm sorry to hear you're feeling.

Good luck in moving on. Care aide jobs are in demand. You'll find something else. Maybe it's time to go to a hospital that will supportive of you going to school and will have an RN job for you when you graduate.

Good luck.

[happthearts]

Whoa this is a sticky wicket if you clocked out early they could have sent your license to the state as I know in my state unless relieved of duty by the nurse and other aide, its called abandonment of care. I would not press this issue to much with the lawyer. Could cause you problem getting future license.

We had an aide years ago who was going to school for nursing license ,lost a PT never reported it till I got there at 11.pm Lady had been missing since dinner time Just took off early never look for the Pt. The Pt was found dead. In the pool. But what the state nailed him on was abandonment of care. He never did become a nurse.

Also if you're in a right to work state they can fire you with out cause. Either way on this one you will not get unemployment when you are unemployed you must be able and ready to work .You left the shift early and other than being carried out due to illness or getting permission from a higher up. This poses a problem which gives them the right to fire you with out cause.

If your illness is not work related this also poses a problem you can't claim workers comp.

I do understand your side as well I am sorry this happen I am just trying to state how the state will see it. Don't rock the boat. Could cause repercussions.

If I were you I would get a job in Home health you can get a more workable shift to go with the nursing school. I would be honest with the next job and tell them why you were fired and that problem is in the passed.

I am not trying to make you mad just telling you what the state looks at .When considering you for un-enployment I would also respond in writting if you were fired to the place you were working and request a copy of your record also add your side of the story to this record so your backside is covered.

Sorry Happy

[Purple Princess]

I had been working for about three months at this place prior to this occuring. This is why FMLA doesn't cover me. I had the bloodwork in November, the ultrasound december 5, diagnosis dec 6 of multiple mobile stones in my gallbladder that sometimes traveled, told my manager the next working day that i was being referred to a surgeon dec 15 and dec 30 was the operation. I was previously suffering from nausea, sometimes vomiting, diarreah, irritable, bloated, strange pains, and then it also was affecting my pancreas cause my sugar would drop frequently. I had just had my evaluation and they said i did real good in the skilled section. I did all the laundry, took garbage out, straightened rooms, took people to the BR, kept close tabs with the med aide or nurse about any changes.as i had time i'd even help with showers and things in the rest of the building. and then it was discussed about the surgery which now i regret having done. I have no insurance, am not eligible for medical assistance and also now don't have a job. other workers assume that i quit!!! i was to be out two weeks and she even said for a week they would modify my duties. but the other managers got involved and said i couldn't come back until i was released to full duty by the surgeon and then i'd still have to reapply. all along i was to have 3 days a week and i averaged 1 or 2 days and sometimes none at all. this job meant alot to me. and people say oh your resume is going to look bad. like it was my fault!!

[thatoneguy]

people say oh your resume is going to look bad. like it was my fault!!

no, it will not. all you need to put on it is you quit for personal reasons. in the interview for your next job, if they ask and only if they ask, tell them you had surgery and was out to long for a leave and would have to reapply. so you thought this would be a good oppertunity to see how things are done in a different hospital. but this time i would suggest you apply for a student nurse position instead of a aid. they tend to work around your school schedule with "student" in your title. plus most hospitals pay more for student nurses. i worked at 4 different hospitals during my schooling. all of them paid more for students than aids. at one student started out at $17 hr while aid started at $12. just a thought.

[judyblueeyes]

Hi Purple Princess (well, I guess your are a blue princess right now- LOL)

Your ex employer is only allowed to provide three bits of information about you: Your dates of employment, your position and/or title, and whether or not you are eligible for rehire.

You are probably OK on the first two counts, but will need to prepare your prospective employers for the third part by having a good explanation for them. I do not recommend lying in any way, but you will want to present your position in the best light. For example, you say in your post "you gave notice, but they didn't accept it". Just add a very simple reason/explanation and don't provide too much detail. Never ever badmouth an ex employer- erase any bad emotion about them from your memory!

Also, I wanted to let you know that a very similar thing happened to me many years ago. I really disliked the job (many problems there) and quit. I was told I didn't give proper notice not once, not twice, but three times! They simply refused to remove me from the schedule! I refused to continue to work following the third notice and was threatened with having my check witheld (illegal), being given a bad reference (not legal), and with never being allowed to work for that company again.

Years later, I reapplied at the same company and have now worked there for 8 years. None of that stuff ever came up at all!

Best Wishes

This too shall pass!