Published Feb 28, 2006
Nanaie4ever
24 Posts
Hi It's Teh again, I have applied for Unemployment since the beginning of Feb. due to being fired for "abandonment" (have explained in an earlier post all aboout this and it is NOT true). The "powers that be have now hired J J Assoc. to fight my getting the unemployment benefits.
My question is (I don't think this is a legal question). If a DON accusses an RN of abandonment of a unit, is she not obliged under some law/guideline to report this to the board of registra of nursing? This has not been done. I have checked. So how can they continue to have this in my record and deny me benefits for it.?????
I'm at my wit's end. We live (like a lot of people) paycheck to paycheck), I can't fathom how to pay bills without the help of the unemployment for the past 3.5 weeks. If I fought this, do you think I would put my license in jeopardy? I guess if they are willing to lie about why I was fired then they would lie to the Board also. So I just don't know what to do. Can anyone give me any advise??? Some say "leave it alone", others say "fight it". I really can't afford an attorney (one said a 700 dollar retaianer just to start.
I'm getting so depressed and paranoid over this.
On the bright side, I interviewed for a home health psych group and it looks like they likekd me so I should know in a week or so if I have it.
Many prayers to all of you who have helped so much in the past.. Thanks so much, Teh
CHATSDALE
4,177 Posts
this may have been reported and it hasn't worked its way through the system
this is very serious and you need to have your side of the story documented..however i know that you cannot live w/o money for an extended length of time
Thanks Chatsdale for your reply. I have checked my license on the web Board of Nursing and it states no actions taken since 1996. (think they must do this in 10 year increments, as I've never had any action taken against my license. I have documented everything, sent a letter to the CEO stating my side, now sending a letter to the Med Director of the Hospital as he is sometimes out of the loop with lower mgmt. I'm asking him to stop this denial of benefits. Don't know if it will help or not, but at least I am trying to stay withing appropriate channels. God knows I'ld just as soon go down there and beat them all silly until they tell the truth!!!!! (manner of speaking only:saint: ). Teh
elkpark
14,633 Posts
Thanks Chatsdale for your reply. I have checked my license on the web Board of Nursing and it states no actions taken since 1996. (think they must do this in 10 year increments, as I've never had any action taken against my license.
That doesn't mean that the current allegations haven't been reported to the Board -- the "no actions taken" refers to final outcomes of situations reported to the Board, after allegations have been reported and investigated, hearings held, final decisions reached, appeals heard, etc. It just means that you've never lost your license or been put on probation.
KIAN
40 Posts
Be careful Teh. I know our State Licensing Board requires self reporting. We can place our license in jeopardy by not reporting that we were fired for Abandonment. Any information you sent to the CEO would need to be sent to our Licensing Board also. Let your licensing board know your side of it. Though, I don't know if those rules apply in your state.
CharlieRN
374 Posts
I don't have a lot of contact with the legal side of Nusing but my instinct is to lodge a complaint or at least a statement with the B of N. It also seems that if your former employer is blocking you getting unemployment then you are suffering material harm and should be able to sue over it.
Just an update with my "firing due to abandonment" of unit in middle of shift. I had the appeal process at the unemployment office, the company sent a rep from the HR dept who wasn't even present for any of the interaction that took place on the unit. I won the appeal. Now I am told they have ANOTHER 30 DAYS to re-appeal. If they lose that one, then they can take me to court and sue me.!!! Where does it all end?? I am trying to use references not associated any more with the hospital. (my nurse mgr for the 3 yrs I was there is now at a sister hosp & will and has given me very good references. So I know I can count on him and on one of my friends from the unit. We are close friends outside of the job and we would swap off with charge and meds all the time. So legally she can say that she not only worked with me but was charge while I did meds. My problem is in finding 1 more person. I've lost contact with the nurse mgr of my last job - she was the best and would give me a great recommendation! Can't find many others on my list either, moved or changed #'s to unlisted.
Currently, I am doing per diem with a home health company, 1 patient who won't need RN much longer. Then they say I can go out and check up on the N/A and HHA. Good for now with the good weather, but not looking forward to this in the winter. Want another job before then. But making 39.00 per 1/2 hour, honestly per 1/2 hour. Interviewed with a Nationally known nursing home today and they are offering 27.50 per hour. I am so down in the dumps and confused. Do I take this which will include intensive training to be certified in IV's (??? don't really understand just what this includes), I'ld be on a dementia unit and sometimes on an Alzeheimer's Unit, both of which appeal to me, but I'm so disappointed in the pay. I inquired about bonuses, pay in lieu of bennies, nothing helped or was available. No charge pay, yet the nurse does all the med runs, V/S, treatments for approximately 23 to 30 patients with no other RN or LPN on. It's just one nurse and aides. Idon't know. Do I keep looking??? Do I keep taking the unemployment with the possible outcome that the old job (also a nation wide psych facility) will continue to harrass me and continue with appeals and possibly court???? Anyone got any good ideas, even just a few words of hope???
Dont fret over the threat of suite, anyone can sue anybody. Sounds like they are trying to scare you off. It might not hurt to talk to civil liberties or other watch dog groups. As a last resort there is always the court of public opinion. Have care there because if you publicly badmouth them and they can prove anything you say is false then they could win a suite for slander.
Hey CharlieRN: Thanks for replying, so far I have good news for a change. I won the first appeal and they only have 5 days left to apply for the 2nd appeal. The best news is that I now have 2 jobs. I start at the nursing home on the 9th of May and when I tried to quit the home health job but then the owner wanted to meet with me. We did and she feels we are such a great fit she doesn't want me to leave! So she and I agreed to stay per diem and if I want to come back I'll be salaried at 32/hr, with them paying for my cell phone bills, milage (.37/mile), a little help there but not much and insurance and all the other bennies. So I am starting the new job with the understanding that I'll take one or 2 assignments with the home health and if I want to come back full time at any time, I will be able to. I felt I really need some medical background to feel more comfortable being in someone's home and this I can get at the nursing home. I'll also learn IV's, trach's, etc, etc. So thanks for all the advice and responses. They helped me a lot and I am very grateful. Now I'm just keeping my fingers crossed for 5 more days, but I really can't see them going after me again when I've won the first round!! Teh