Published
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!
I say move on and file for unemployment. Even you are denied at first, you can appeal it. As someone else posted, unless you are covered under a CBA you can be fired for anything unless it falls under discrimination (age, sex, race, etc). Unfortunately in "at will" they can fire you because they don't like you.
Apply for unemployment now; there will be an investigation by the unemployment office to determine if you were fired unfairly ... be ready. Talk to a lawyer versed in workplace discrimination if you really want your job back. cherrybreeze said it best.
I too have been unfairly fired and received unemployment but I got my job back; it was the worst thing I did going back. They tried to really kill me when I went back. Talk about workplace violence ... I was set up for all kinds of things and eventually just quit.
As an RN of course you can change the care plan and the pressure pad alarm was appropriate IMO since there were no alarms available. Everything charted, everyone informed ... good job. When he was observed going to his knees that's when the care plan should have been revised again in light that the pressure mattress proved unsuccessful. That's why they call it teamwork, nursing care is a 24/7 job with all nurses being able to play.
Calling to ask permission to change a careplan! Your boss is making me laugh but it's a pitiful move that won't stand up in court. That's what RNs do; they are responsible for the careplans. Careplans are changed all the time. I've never seen a doc update, change or even bring in a careplan. I think if I called a doc and asked him if I could change my careplan (seriously!). I understand she's saying to ask for an order to change the care but still, it's the RNs job.
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).
an attorney can't help her get unemployment benefits if they are denied unfairly?
if i were an employer in an "at will" employment state, i would never have gone through the trouble of the "hearing" at which the op was terminated with ad nauseum examples of "fireable offenses." i would have just said "your employment has been terminated. thank you and please leave your badge on the desk on your way out."
some at-will employment states nevertheless have exceptions to the fire for any cause or no cause tenet.
statutory exceptions
although all u.s. states have a number of statutory protections for employees, most wrongful termination suits brought under statutory causes of action use the federal anti-discrimination statutes which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at-will employee are:
this is a case where an attorney certainly could be of use. and it sounds like the don was attempting to meet the burden of proof required by a company handbook by providing all those "documented" failures to follow company policy.
File for unemployment and be glad your out of there.
I don't understand what was wrong with her using a different type of alarm if the original didn't work and it did the same thing. Is this something unique to LTC?
Wouldn't they have done a criminal background check on you before you were hired. I thought that was mandatory now to get a healthcare job. If so is an arrest without conviction also recorded on that?
So they hired you knowing this then right? Is there some way to get the arrest taken off your records if you weren't convicted?
I would say talk to a lawyer but if your in an at will state there is probably not much you can do unless could prove something like racial discrimination. Although maybe a lawyer could give some advice re the criminal background check and if the arrest record could be expunged.
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.
This.
Employment is like a relationship in a lot of ways. You invest, they invest, and when one side decides they don't like it...........it is probably over, fair or not.
I wouldn't spend much energy/time trying to make it right with these people. They don't seem to be completely on the up and up. Not that man employers these days are, but your facility is just whack.
I will interject this though: You said you were confused about what shift you actually worked one day, didn't show up at the right time, but showed up for a different shift and worked it. I have to say, I've seen people fired for less than this. I'm in an "at will" state and yes, they can fire you for almost nothing, with the exceptions another poster already spelled out. Exact same thing went on with a night nurse and she was let go.......first time it happened. I understand she had other problems (apparently had a few shouting matches with patients) but that was what they nailed her to the cross with. This was awhile ago, when every hospital was struggling with low census and there were threads all over AN about being cancelled.
I guess my point is, spending too much time and energy worrying about what went wrong with them is not going to benefit you much. As much as you want to kick them square in the pants...........you can't, so don't worry about it. Use your energy for other things that will benefit you more. Do a sincere evaluation of what could have been done better, apply some truly introspective thinking to it and move on with a lesson learned.
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).
Not necessarily true about the "at-will" employment state. I know of several people who have been fired and even quit under duress and recieved unemployment benefits. If you never recieved benefits in an a "at-will" state, then what would be the point of having an unemployment agency in those states.
Not necessarily true about the "at-will" employment state. I know of several people who have been fired and even quit under duress and recieved unemployment benefits. If you never recieved benefits in an a "at-will" state, then what would be the point of having an unemployment agency in those states.
I was referring to an unlawful termination suit, not unemployment benefits. I have no doubt the OP will get unemployment benefits.
caliotter3
38,333 Posts
I didn't even have to finish reading your post to see that someone just decided they didn't like the way you part your hair so they decided to get rid of you. Happens every day to lots of people. Just chalk it up to life at work and move on down the road. Do not waste any more time or energy on them.