Do you think I can get my job back?

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Hello all! I’m a CNA in Kentucky and I was recently let go from my job for basically no reason. Here’s the story:

I called into work Friday. I was called by the interim DON to be notified that I was terminated for calling in. When I questioned why I was being terminated for calling in when I only had 1 call in and 0 disciplinary actions on my record, the DON then stated “In Kentucky I can fire you for any reason so I don’t have to have a reason”. Our policy states that to terminate someone over the phone you must use a facility phone and must have a third party listening in to the phone call. She called me from her personal cell phone without a third party. In addition, our policy states that you haven’t reached grounds for termination until you’ve called in 8 times in a calendar year. That was my first call in. The big catch is that the interim DON used to be just a regular nurse, and we have had public face-to-face confrontation before she was promoted, that she had to be talked to by the administrator for because she acted unprofessionally towards me. She has only been interim DON for about a week. I feel like I could be looking at a retaliation or harassment lawsuit? It looks highly suspicious that we’ve had large conflict before she became DON, and now that she’s interim DON I’m terminated within a week with 1 call in and 0 disciplinary actions on my file. I don’t really want to pursue a lawsuit, but does it look bad enough that you think corporate may be scared into giving me my job back?

Any advice as to how I should handle this? Thank you all!!

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Do you even want to work with that lady? She sounds dreadful. Do you have colleagues you can use as a reference? Is there an HR or corporate you can contact, in writing, to clear your name? I wouldn't want to go back but Id want a good reference and my record to not be blemished by personal vendettas.

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Find a new job. If you've had "large conflict" with someone who was your supervising nurse and is now the DON, you're not going to win.

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13 minutes ago, MJB2010 said:

Do you even want to work with that lady? She sounds dreadful. Do you have colleagues you can use as a reference? Is there an HR or corporate you can contact, in writing, to clear your name? I wouldn't want to go back but Id want a good reference and my record to not be blemished by personal vendettas.

Well I really love my job and she is only interim DON. Also I work night shift and she works days so after they find a new DON I really don’t think I’ll have much contact with her. And yes I have plenty of colleagues I can use as references. The administrator has previously called me “one of his best CNAs” so I know I don’t really have an issue reputation wise. And I think may contact head of HR to see what can be done to correct things. Since she broke so many policies they may end up terminating her or at least demoting her back down to floor nurse. That would be best case scenario!

3 minutes ago, Sour Lemon said:

Find a new job. If you've had "large conflict" with someone who was your supervising nurse and is now the DON, you're not going to win.

She is only interim DON. Our DON up and quit and she is only DON until we find a new one. They have no plans to make her a permanent DON they just have to have someone to do the job while we find an actual DON. Edit: she was also never my supervising nurse. She was never in a position of power until now and it’s only temporary.

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Specializes in New Critical care NP, Critical care, Med-surg, LTC.

I would call your corporate office and found out what happens if the policy wasn't followed. Good luck.

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Specializes in retired LTC.

You're in Kentucky but you don't say how long you've been at your facility. If you're probationary, there might not be too much you can do. And if KY is one of those states that can release employees at-will, again you may not have any recourse.

If you have union protection, they may be able to help. And if your termination was not accd'g to facility policy as you state, you may have some leverage there.

Just be aware it may take some extended time for the facility to find a new DON. And they just might choose to make that nurse permanent DON.

Most likely, you'll be walking around with a big red target on your back. If you even SNEEZE wrong, they can find fault if they choose.

You're back to the point where other PPs have asked 'is it worth it for you to stay and fight the system'?

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Specializes in Hospice.

I seem to remember that, in the absence of an individual or union contract, a company is legally bound by its own policies and employee handbook. Check out unemployment compensation with wrongful termination as justification. If you can scrape together the money for a consult with a labor attorney, that would help. Either way, try to get a copy of the policy you quoted in your post.

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Wow, we have the oppositite problem at my workplace. We won't fire anyone. They could literally be written up 15 times for the same thing and we will refuse to take action, we are also an at will state...back on topic, you sound like a reliable person overall and its unfortunate to hear about your situation.

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Specializes in OR, Nursing Professional Development.
16 hours ago, allyyyjustine said:

She is only interim DON. Our DON up and quit and she is only DON until we find a new one. They have no plans to make her a permanent DON they just have to have someone to do the job while we find an actual DON.

Except that she has every right to apply for the job and this interim role is an opportunity for her to prove herself. They may not publicly plan to make it a permanent role, but that doesn't mean it won't happen or that things are happening behind closed doors.

I'm with others- evaluate what exactly you want for yourself. This job is probably a lost cause. Even if you do get it back, you're going to wind up with a huge target on your back.

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Definitely retaliation

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Specializes in School Nurse, past Med Surge.

Interims often become the new replacement. But, I'd for sure call your HR department and request a meeting with them ASAP to discuss the situation.

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Even in at-will employment states, if an employer has an official written policy about terminating employees and doesn't follow it, you may well have a claim. Many lawyers will give you one free consultation, so you may want to pursue it. However, don't count on this being a long term win, as you probably would have a target on your back, and you can bet they will document every thing you do.

But if you are just wanting to get your pound of flesh out of this DON, go for it. The attorney might write a cease and desist letter, you could get your job back so you don't have a firing on your record, and then you could look in earnest for a new job. With a lawsuit hanging over her head, the DON probably wouldn't give you a bad rec, though there's no accounting for the ability of some people to be total jerks.

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