Fighting Involuntary Termination

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Specializes in Med-Surg, Psych.

Has anyone ever fought involuntary termination at a hospital, either by going higher up the chain in command or through an attorney?

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Oh yes, involved in litigation right now. Give some details, not all, maybe I can help a bit.

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this depends a lot on what state you are in.

if you have a union you might get some help/advise from them

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Specializes in Med-Surg, Psych.

What kind of details do you want? My manager believed anything anyone said that was negative about me. Didn't care to hear anything I had to say to rebut untrue or exagerated allegations. Wouldn't address issues I brought to her concern. Believed a patient's untrue statements about my nursing care. Don't want to give out many details here, will email more detail in private if you want.

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What kind of details do you want? My manager believed anything anyone said that was negative about me. Didn't care to hear anything I had to say to rebut untrue or exagerated allegations. Wouldn't address issues I brought to her concern. Believed a patient's untrue statements about my nursing care. Don't want to give out many details here, will email more detail in private if you want.
Get an employment lawyer( one who represents the employee, not the employer) pronto, the HR department will probably side with the manager and the patient. IF you feel that this allegation was brought forth as a retaliation attempt because you voiced patient care issues to her, then you may have some recourse under your state law's whistleblower retaliation protection laws, if your state has one. I will post the states list for such laws, be back in a minute.
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Ok, here are the states that have whistleblower protection laws.

http://medi-smart.com/whistleblower-protection.htm

You can PM me if you want.

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Specializes in Med-Surg, Psych.

The whistleblower laws wouldn't be a factor here. Only in a hospital can a customer (patient) make any claim they want and have it automatically believed against an employee.

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I'm a little confused. Answer if you think you can publicly. Was an allegation made against you by a patient?! How serious would you allege the allegation to be?! When you talk about the manager believing all the bad things said did this involve other staff or does it pertain to the patient?! Has there been a previous problem with this manager that has been documented?!

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The whistleblower laws wouldn't be a factor here. Only in a hospital can a customer (patient) make any claim they want and have it automatically believed against an employee.
It would be considered retalation for whistleblowing, IF you voiced some patient care issues or concerns to your manager, then were disciplined much more severely than your fellow nurse under the SAME circumstances. You are looking at the question of DISPARITY in discipline. This same complaint from a patient may have resulted in a much less extreme punishment for some one else, that had NOT voiced any patient care issues(this IS whistleblowing). I am not trying to make your case for you here, but sometimes we are so shocked at being terminated that we dont think straight. BOTTOM LINE you will get nowhere until you consult an attorney.

Some of the state laws will provide for lawyers fees, if the lawyer thinks your case is a good one, he will take your case on contingency of winning. Then if you win the employer must pay for your lawyers fees as well as his own, If you lose your lawyers do not get paid. Your lawyer wont take this kind of case unless there is a high probability of winning it.

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The whistleblower laws wouldn't be a factor here. Only in a hospital can a customer (patient) make any claim they want and have it automatically believed against an employee.
No this isnt true, this happens all the time in LTCs and hospitals and other healthcare facilities.
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Specializes in Med-Surg, Psych.

I will be consulting an attorney, as I definitely feel I was wronged by this hospital/manager. I have copies of emails I sent to my manager showing that I was trying to get issues addressed. I'm just saying that a patient can say anything they want and it is automatically believed, which is a ridiculous situation for nurses.

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I will be consulting an attorney, as I definitely feel I was wronged by this hospital/manager. I have copies of emails I sent to my manager showing that I was trying to get issues addressed. I'm just saying that a patient can say anything they want and it is automatically believed, which is a ridiculous situation for nurses.
Yes, its ridiculous , true and pervasive. If you were treated differently because you voiced concerns, you MAY be protected. Of course realize that it will be your word against theirs , written evidence is GREAT and may be helpful to you, but in a court of law it is the party that is MOST credible who wins, THAT is what a lawyer is for.Good Luck.
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