Fired - what do you think...

[LoveBeingAnRN]

I was at the nurse's station preparing for my oncoming shift. At approximately 1500 DON asked me to come to Administrator's office. Administrator and Owner were already in Administrator's office. DON and I sat down with Administraor and Owner. Owner said something like, “I want to review your job performance.” She had a stack of papers in front of her. The top one was what looked like my criminal background check. She asked why I did not include in my application that I had been convicted of a crime. I told her because I had never been convicted of a crime, and that an arrest did not mean that I was guilty. She said that I should have put on my application that I had been arrested, but was never convicted of anything.

Then she flipped through the stack of papers and said something like, “There are a lot of other things.” I explained that I had no knowledge that I had ever been written up and I asked if she would let me see these instances. She would not let me touch the papers or look at them in close view. She was reluctant to explain them and only read small excerpts from each. Some of these were hand written on lined half sheets of paper with frayed edges, some were typed, and some were hand written on “disciplinary” carbon copy paper. When I tried to explain each of the instances she kept cutting me off, asking me to listen, and not letting me explain my side of the story. I do not believe that any of the following instances were grounds for written disciplinary action OR termination as per the Facility A employee handbook (except the no call no show).

One of the papers stated that ADON stated that I asked her to ask restorative CNAs to help other CNAs answer bathroom lights. Owner said that ADON told me that I could do that myself. (The only reason I would ever ask one of my superiors to reiterate something to one of my subordinates was if I had already talked to said subordinates and they had not been compliant.)

ADON says I was interrupting nurses during report. (There have only been a handful of times that ADON had ever been to a report that I was in, and during no report had I ever interrupted rudely. The only times I have ever stopped a nurse was to ask her to repeat herself if I had not heard her or if I thought that more information needed to be given to the group.)

The activities director had written something up that Owner didn't even mention.

There was one no call no show. (I thought I was scheduled for a 2 – 10 shift but I was actually scheduled for a 6 – 2 shift. I ended up working the 2 – 10 shift that day.) This is the only write up that I knew about. I never actually saw the write up before but I had asked DON the day it happened if I would be written up for it and she said yes.

3 or 4 examples were written on “disciplinary” carbon copy paper. None of which I had ever seen before. When I asked what theses 3 or 4 instances were about Owner said they had to do with when DON and Administrator talked with me about team work and my attitude. I asked if there was a specific time that I had been noticed to have “not been a team player” and DON mentioned that on one occasion I had noticed that a 2 o'clock medication was not given by day shift and that I should have acted as a team player and to give it at 3 o'clock. (The one time that this happened I didn't see that the med wasn't given until I was counting narcotics at 10 PM. Too late to give the med. So I wrote it up as a med error.)

We also talked about how once I asked the kitchen if they had any Glucerna, a lower sugar form of Ensure, to give to two of our diabetic residents whom were on Temporary Care Plans for hyperglycemia at the time. She states that I did not follow the chain of command and that it should have been brought up in “special needs committee meeting” first.

The last thing was that I recently put a pressure pad alarm on resident A's w/c because resident A's seat belt alarm was not functioning, and I couldn't find another seat belt alarm where they are normally located in the utility room to the right of under the sink. Resident A's was witnessed later that night by an RN to have gone to his knees from his wheelchair without injury. Owner stated that that was an “IJ” and that was the reason that I was being terminated. She stated that I should have called the DON or the doctor instead in implementing that change of care plan. She stated that change of care plan was not appropriate, even though I had asked other licensed nurses their opinion before changing it. I was never asked not to update a care plan before and was actually encouraged to so on other occasions. (If resident A had fallen because of his malfunctioning seat belt alarm, I would have been responsible for implementing a new intervention and change of care plan. I attempted to prevent that fall from occurring in the first place by being proactive and changing the care plan before a fall occurred.)

I also mentioned how I had never heard of anyone else being terminated for similar offenses. I brought up an instance that after a resident's care plan was not followed and that resident X died after suffering a fall with a broken hip shortly after, that no one to my knowledge was terminated. The fact that resident X's wander-guard was not properly functioning at the time of the fall was the reason that resident X was left unattended and fell. I found out that resident X's wander-guard was not functional when one week after resident X fell/died, I noticed another resident's wander-guard was not functioning properly. I brought it up to the DON, stating that resident X's wander-guard battery was shown to have expired on the wander-guard expiration log that maintenance prints out “weekly”. When I brought this information up to Owner she stated that if I was not there the night the fall occurred that everything that I had just mentioned was hear-say and gossip and that it was “mean” for me to make such accusations.

I asked to have copies of my “personnel file”. Owner stated that she would not give me copies at this time and that she, “...maybe could send them to (me)”.

I had never been warned of my pending termination at Facility A.

I have never had a job performance evaluation at Facility A.

I have never received a list of “RN job duties/requirements” from Facility A.

I had never been “late” according to the Facility A employee handbook.

I had only called in sick once (the day after I had been told to go home because of fever) the entire time I was employed at Facility A.

When asked to stop bringing my smart-phone on the floor I complied, even though some other RNs and LPNs still kept their phones on their person on the floor.

I believe that the vast majority of my co-workers and clients at facility A and from previous jobs would consider me a compassionate, hard working, critically thinking team player.

I know this is an extrememly long thread but now that I have more time than money I decided to post and was wondering if anyone has any opinions or suggestions to share. A little background on me - I was a CNA for 10 months, LPN for 3 years, RN for less than one. I had been with Facility A for 9 months. I have never been fired before. I am currenly pursuing my bachelor's in nursing.

Thanks!

[classicdame, MSN, EdD]

Might be time to talk to atty with knowledge of labor laws

I would not expect much, however. Sounds like you got out of a bad situation to me.

[Reese2012]

I would definately try to collect unemployment, I have a feeling they are going to try to deny you, but bring up the points you did hear. At least you will still have an income for awhile, finish school and begin to look for a new job. It sounds like this place was out to get you from the beginning.

[RoyalPrince]

Wait you let a Resident use his wheelchair despite seatbelt not functioning AND he later fell "on his knees" found by night RN?? (despite using pressure pad alarm)

Than you out of luck. Be glad she did not report you to the BON

[Horseshoe, BSN, RN]

Sounds like you need a lawyer familiar with employment issues, perhaps in particular a lawyer well versed in medical professions employment law in your state.

[BetterMeRN]

I'm really sorry that this had to happen to you. You seem like a very smart individual, you write very well. It sounds like they really had it out for you, you've never called in sick. You've never had any prior actions taken against you from your facility. It just seems really unfair, I wish you the best of luck in the future. I'm happy that the facility I work for has a union, I really don't think I'd have a job now. I've been sick five times this year already.

[Bigdude]

An attorney will do nothing for you. Is the state in which you work an "at-will" employment state? If so, then start looking for a new job. At-will employment means you CAN be fired for any or no cause (except for the title 7 clauses: race, religion, color, sex or national origin)....that's right. That means you can be fired because you drive a blue car..seriously. Most lay people don't understand employment law which means a lot of people will tell you to "get a lawyer". Well, unfortunately you are out of luck.

The only exception to that law is if you were employed under a CBA (collective bargaining agreement).

[carbaminohemoglobin]

Wait you let a Resident use his wheelchair despite seatbelt not functioning AND he later fell "on his knees" found by night RN?? (despite using pressure pad alarm)

Than you out of luck. Be glad she did not report you to the BON

Am I missing something? I work in LTC and rarely see seatbelts on w/c pts (even on extremely high fall risks). I feel she did the appropriate thing, minus not calling the physician and changing the order if there was one. She found faulty equipment and replaced it with equipment that worked. Yes, the devices are different, but all nurses know you've got to be resourceful at times and use what's on hand. I feel OP was being mostly prudent.

What do you think she should have done?

[cherrybreeze, ADN, RN]

Wait you let a Resident use his wheelchair despite seatbelt not functioning AND he later fell "on his knees" found by night RN?? (despite using pressure pad alarm)

Than you out of luck. Be glad she did not report you to the BON

If I read correctly, the OP used a different type of alarm, since there were no alarms of the resident's usual type were available. It was not the seatbelt that was not functioning, it was the "seatbelt alarm" (whatever that is...that's what I got from the post). The OP, from what it sounds like to me, did the best she could to remedy it.

OP, I read your post but I'm honestly not sure what to tell you. I DO know that you DO have a right to get a copy of your personnel file. However, if you work in an "at will" state (as I do; meaning you're not unionized or under a contract), they can terminate you for any reason they like (just like YOU can terminate your employment for any reason YOU like). You could consult an employment lawyer, and they MAY be able to help you get your job back, but....is that what you really want?

Apply for unemployment benefits, absolutely. I'm not sure how every state works, but I know there are some reasons why benefits may be denied (such as misconduct), but they will investigate. I was terminated for a bogus accusation, too (I won't go in to the details, they aren't really relevant to your situation and it's a long story). When I contacted unemployment, they told me right off the bat that my "case" would need to be investigated, and that this may take up to three weeks. An investigator called me and talked to me on a Friday; by Monday, my benefits had been approved and they found no evidence of misconduct on my behalf. However, my employer had made a "valid business decision" by terminating me (they just were required to pay me benefits). That's because my employment was "at will." Had they denied me UE benefits, I would have went back to the lawyer I contacted initially (he did believe I had a case for discrimination, however, I just simply could not afford to pay what he required to retain his services). If you apply and are denied, then you may want to go ahead and contact a lawyer. If you are approved, I think it's probably best to just move on. I can't imagine you'd want to go back to working for that facility, and that's all you could get out of a lawyer beyond help with getting those UE benefits.

Best of luck to you. I know it's hard when you are accused of something that isn't right, and there's nothing you can do. I didn't realize how possible it was until I was in that situation myself. Everyone keeps telling me it'll be the best thing in the long run.........I'm hoping they are right!

[EmergencyNrse]

Fired - what do you think?

I think getting fired sucks but given your scenario

it's probably a godsend. I wouldn't continue in that

environment if you um, ah, ...paid me.

Good luck with a fresh start.

[morte, LPN, LVN]

Wait you let a Resident use his wheelchair despite seatbelt not functioning AND he later fell "on his knees" found by night RN?? (despite using pressure pad alarm)

Than you out of luck. Be glad she did not report you to the BON

NOt seat belt, but a seat belt alarm.....velcro belt that the patient has to be able to remove him/her self.....but when they do, an alarm sounds...

[GM2RN]

Wait you let a Resident use his wheelchair despite seatbelt not functioning AND he later fell "on his knees" found by night RN?? (despite using pressure pad alarm)

Than you out of luck. Be glad she did not report you to the BON

It was the seat belt ALARM that didn't function, not the seatbelt.

Edit: Too late, someone already posted.