Final Warnings

[litbitblack, ASN, RN]

I need some input on this. My facility issues final warnings all the time and it used to be that it was for a specific issue and if that issue happened again then it suspension but now apparently the final warning is issued and if anything happens you get suspension. How can you get a first and final warning all at once. Are there legal issues in this.

[HM2VikingRN, RN]

Are you working for a unionized facility?

Usually in a unionized environment Management has to follow very specific due process steps to issue discipline.

[llg, PhD, RN]

A warning can be both "first" and "final" if the disciplinary process has only 2 steps. I don't think there is any law that says a person is entitled to "X number of warnings" before dismissal. The disciplinary/termination process can have as many (or as few) steps as it is designed to have -- 4 steps, 6 steps, 3 steps, 2 steps, etc.

Also, all institutions I have ever worked for (I think even the one with collective bargaining) left themselves the option of firing someone on the 1st step if the infraction was sufficiently severe -- such as willfully hurting a patient, stealing from the facility, committing some other kind of crime, falsifying documentation, lying on your application, etc.

[glasgow3]

Most organizations have so-called progressive discipline practices: first offense, verbal warning, second offense written warning, third offense suspension and so on........

Employees in the vast majority of states should keep in mind, however, that the doctrine of employment-at-will supercedes progressive discipline policies. Briefly stated employment-at-will means that in the absence of an employment contract, you may be terminated for any reason or no reason at all.

Many years ago terminated employees in some cases were able to establish that the progressive discipline policies which appeared in employee handbooks constituted an implied contract and the employer was obligated to abide by the terms of that contract. Since that time employers have closed that loophole: most all handbooks, employment applications etc now clearly state that nothing should be taken to mean that their employees have anything but an employment-at-will relationship with that employer.

Bottom line is that in the absence of a contract (in practice most often a union contract) the employer can pretty much do whatever they want including terminate you. They can give you one warning, a hundred warnings or no warnings and terminate you, regardless of what their handbook says.

Now there are some exceptions so you should see an attorney if you are adversely affected by an employer's actions. But in the vast majority of cases, employees are shocked to find how limited their rights are with regard to employment matters if they don't have a contract. Fairness, equity, justice etc etc have little to do with it.

So yes, there are legal issues----and for legal issues you need an attorney and with all due respect, not a nursing message board/forum.