Fired for False Workplace Violence Accusation - Feeling Humiliated and Shamed

A nurse's job is hard enough without being falsely accused of something you didn't do. Here is one nurse's story of how things can escalate when a co-worker falsely accuses you of workplace violence. Nurses General Nursing Article

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Dear Nurse Beth,

I'm in need of advice. I have been a nurse for 16 years. I have made some poor life choices in the past that lead to being in the Diversion Program, which I completed, and now sit on the committee as a Board member.

For the last four years, I have worked in the Preop/PACU and most recently in the OR as a circulator. Management put a lot of weight on the surgical techs judging the RN's performance. One tech, in particular, was always condescending and like to discuss personal life (partying/drinking) in the OR. This guy just rubbed me wrong, but I made up my mind to not judge, listen if he had useful information, etc.

I had an incident recently. During a surgery, the surgeon asked me to fetch an instrument. I did, but above surgical tech happened to be in the sterile supply room. He was in the aisle I needed access to. I said, "excuse me, I need to get through". He begrudgingly moved. I went in aisle and obtained what I needed only to turn around and find him blocking my path back out. Repeatedly asked to get by to no avail. I finally placed my hand on his shoulder to redirect him. I never pushed, shoved, etc. As I left room, he yelled, "Don't ever touch me again!”

After the case finished, I went to my charge to let him know of the encounter. Eventually, the director called me to her office to explain what happened, which I did. She then mentioned talking to the surgical tech to get his side. At the end of the day, I was called back to the director's office. There I discovered I was being written up. I read what she put and in it; she stated I "shoved" him!

I completely disagreed with what she wrote, which she stated I didn't have to sign and could write what I felt like on the back. I did this making sure to mention I disagreed with "shoving" other employees. I obtained a copy and left for the weekend.

After work on Monday, another surgical tech caught me and asked how I was feeling, as she had heard his ranting and raving the previous Friday and that I had gotten into trouble. I told her how unfair it was. I did say I was joking but was very upset with the write-up and felt he was weak, "expletive". To this, she agreed but said I should be careful so as not to get HR's attention.

I said I was only venting as she had asked me how I was feeling. Not long after I had left for the day, HR did call me to say they were suspending me pending an investigation as the complaint was now elevated to "workplace violence". I was dumbfounded and also regretting venting. I was ultimately let go. Unfortunately, HR didn't give me a "reason for being let go", so I'm unable to complete unemployment paperwork. I took a loan out on my 401k and am living off that.

In the end, this hospital has flagged me as "not eligible for rehire". I am seeing now how my past DP participation and now this is just flagging me as a "bad employee", but I'm a good nurse and have loved this field for as long as I can remember.

I'm feeling humiliation and shame. I've been searching for work, and so far have only had one interview. I did share that I was let go. First, how should I approach prospective employers? I have a lot of negative information against me right now. I did reach out to fellow coworkers and even a doctor. All of whom have written me wonderful letters of reference.

Second, should I even bother advancing my education in nursing or leave this field completely? This is a small town, and I'm now currently barred from 3 of the 4. I feel so defeated. Any advice would be helpful.

Dear Defeated,

This is a "he said, she said" where they took his word over yours. There was no one there to witness the event, so there's your story and then there's his story. Somehow he was believed, or they decided he was the more valuable employee, and they were going to back him.

It's unwise to ever touch another employee as it can escalate to exactly this. HR and risk departments nowadays are not going to look the other way when there's an allegation of "workplace violence". Meanwhile, it's ironic, because his blocking your exit is aggressive and could also be considered workplace violence.

While this feels devastating, hang in there. This, too, shall pass. What's important is to reflect on what part you had in the conflict, so you can understand yourself moving forward and have success in the workplace. Be sure not to "vent" and manage your emotions professionally. Learn your triggers and let them be your cues that you are in danger of reacting.

You love nursing and have 5 years of peri-op and OR experience. You are still marketable. You've overcome diversion, and you can overcome being terminated.

When asked about previous employment, just say "it wasn't a good fit". Do not defend yourself or even explain.

Specializes in Medical Legal Consultant.

I am sorry this is happening. As nurses, our identity is tied to our jobs. When things change, it affects who we believe we are. The truth is you are a good nurse who got trapped in a bad situation. Whenever there is a he said, she said, the hospital will err on safety. There is such a huge nursing shortage right now, healthcare really needs good nurses so keep looking. You will find the right place for you that will be even better.

So here is the legal side. Battery is considered an unwanted touching. So be careful and ask permission anytime you want to touch somebody. Patients sign a consent but coworkers do not.

Specializes in ICU/ER/Med-Surg/Case Management/Manageme.
6 hours ago, Nurse Beth said:

Thanks for your point of view. While employers have to provide length of employment, rate of pay and title, disclosing re-hire status is not required.

She could go to HR and ask them to change the status, and if that doesn't work, she could contact an attorney.

She can also put "No" when asked if her previous employer can be contacted for a reference.

Litigation has its drawbacks and can backfire. Suing a former employer is a red flag for potential employers. Deciding to sue is a big decision because it's emotionally and financially draining, and holds you back from moving forward.

She would need to be clear on what she hopes to gain, is it worth it, and how much of a chance would she really have in a "he said, she said"?

I promise this will be my last comment (and also, an attorney has already addressed some of this), but...

An actual lawsuit would likely fail. Hospitals/big pockets, etc. But I'm thinking more along the lines of attorney involvement as in "how did you come to the conclusion to believe the tech vs the nurse - let's discuss this". While they don't have to provide re-hire status, if asked and they hem and haw, the answer becomes apparent. Putting "no" in the question about contacting prior employer is another red flag and especially as she had been there for a long time. Basically, it's a no-win situation for this nurse and I find that terribly frustrating. As valuable as nurses are and as tough as the education and the job is, it seems the first to be tossed under the bus is the nurse. Just ain't right!!

I am sorry this happened, but it is not a normal reaction to put your hand, however, slight, onto someone else even if they are blocking you.

I would have said firmly, "I need to leave, we have a surgery in progress" and if he refused to move, the person that would have been in a position to file a complaint would have been you for holding up a surgery due to his precious ego.

Did you deserve to be fired or even written up? Absolutely not. But I agree with filing for unemployment.

On 11/1/2019 at 6:24 PM, TitaniumPlates said:

"This person you had the unfortunate experience to engage with---is a psychopath. And these types of people are very, very good at manipulating and grooming the people around them. If you cannot or will not be a party to it---they destroy you."

That is why we should never allow people own our soul. I'm nice, but I don't participate with people who are up to no good.

Specializes in Oncology, Home Health, Patient Safety.
On 11/4/2019 at 2:02 PM, Lorie Brown RN, MN, JD said:

I am sorry this is happening. As nurses, our identity is tied to our jobs. When things change, it affects who we believe we are. The truth is you are a good nurse who got trapped in a bad situation. Whenever there is a he said, she said, the hospital will err on safety. There is such a huge nursing shortage right now, healthcare really needs good nurses so keep looking. You will find the right place for you that will be even better.

So here is the legal side. Battery is considered an unwanted touching. So be careful and ask permission anytime you want to touch somebody. Patients sign a consent but coworkers do not.

Hey OP, I feel for you. I've been fired. Even though when I was fired I felt it wasn't for a good reason (too much to go into here - and this isn't about me, it's about you), it still hurt, SO MUCH. The blow to my self esteem was huge. I felt ashamed and humiliated. I went to a patient safety conference a few months later and stood up in front of, like 1000 people and asked, "What resources are there for nurses...for anyone in healthcare that is fired? What do we do? Who do we turn to?" and though folks were very kind and supportive, no one could give me any resources. It inspired me to start my own company and to start writing about safety - patient safety and NURSE safety. Anyway, I just want you to know you are NOT ALONE. So many nurses are fired and we don't talk about it because we are ashamed. It's not right, it's not fair and there is very little we can do about it other than try to heal, let go, move on.

Lorie Brown is a great person to talk to - I got to meet her in person - talking to a nurse attorney would be my advice. Give her a call, talk to her on the phone. I think you'll get some good answers if you haven't already from this thread.

I wrote about her and about what nurses should look for in a company that might actually have their best interests at heart (not that any employer really does...it's business after all...) You might read them for some additional support and info.

https://allnurses.com/protecting-your-license-notes-nurse-attorney-t680422/

We've got to start being more choosy about who we decide to work for.

https://allnurses.com/a-checklist-patient-safety-t672837/

Anyway, all I want to achieve by my post is to let you know I empathize. Don't give up, don't own it. You are not who they think you are. You are a good person and a good nurse. Keep moving forward, tell the truth and don't let them get you down if you can help it. I'll be thinking of you and pulling for you. SO sorry this happened to you.

Specializes in ICU/ER/Med-Surg/Case Management/Manageme.
2 hours ago, SafetyNurse1968 said:

Anyway, all I want to achieve by my post is to let you know I empathize. Don't give up, don't own it. You are not who they think you are. You are a good person and a good nurse. Keep moving forward, tell the truth and don't let them get you down if you can help it. I'll be thinking of you and pulling for you. SO sorry this happened to you.

Great comments. We need to be more forthcoming in our support of other nurses. Thank you for your comments to the OP and others who are reading.

Specializes in retire-numerous.

Somehow I feel this guy has done the same to others--Get a lawyer--when push comes to shove and legal gets involved, HR might be ready to listen and investigate