Fired for visiting resident on day off and providing care

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

Published  

On my day off as a nursing asistant I went to visit my resident at nursig home viling to do shover to the resident because he didn't have it for a long time. I informed staffing about that. Director of nursing said no, so I went to visit my resident on the floor, as a friend, to see how he is doing. I asked his aid if she can changed him. She said she just chaned him. But I found out he was soaking wet. Than I changed him and shaved him . Than director of nursing was waiting for me outside residents room, to tel me I have to go. Toled me I cant come back. Than in week later they called me Im terminated. I thonk it was wrong termination. 

Share this post

+ Add A Comment
Specializes in Tele, ICU, Staff Development.

I'm sorry, it's awful to lose your job. But maybe I can help you understand the reasons behind the termination.

 Your Director instructed you not to bathe the resident on your day off, yet you still provided care that staff should have given. Therefore, while your intention to assist the resident demonstrates your concern, the facility had policies that were likely non-negotiable in this instance, and you were responsible for adhering to them.

The Director of Nursing probably viewed your actions as defying their authority or the policies, which is problematic in a healthcare setting where clear chains of command are crucial for patient safety and care coordination. 

Risk

Patient safety policies are established based on multiple regulations that facilities must follow. For instance, if you assisted a resident with showering while you were off-duty and he fell, resulting in a fracture, or he developed an abrasion from shaving, the facility could be held liable for allowing you to work outside your official capacity without supervision and for not being able to document the care. They could also be fined or otherwise penalized for not having clear-cut policies and employee training regarding off-duty visiting.

Termination

The termination may have resulted from you acting without approval and perhaps how you handled the situation afterward, even if your intentions were good.

If you work in an at-will state, you probably do not have recourse, as you can be terminated at will. However, if you feel strongly about the termination, pursuing clarification or even speaking to a labor attorney may help you understand whether this was a case of wrongful termination.

Next Steps

If you choose to pursue it, you could:

  • Appeal the termination. If you feel like your termination was unfair and you have a case (perhaps you didn't receive proper training, or the situation was a misunderstanding), you could appeal the decision. You may want to ask about the process in your facility or seek legal advice if you pursue it.
  • Look for a new job. While dealing with the termination, looking for new opportunities is also a good idea. With your experience and compassion for your residents, you will likely find a place that values your dedication.

Boundaries

In the future, if you're thinking of visiting a resident or providing help, it's a good idea to:

  • Check the facility's visitor policy. Ask your employer or HR about their specific policies for staff visiting residents on their days off. They may allow it under certain conditions (such as not providing care).
  • Clarify boundaries. If you do visit, be clear that you're visiting as a friend or family member and not as a caregiver. Avoid engaging in tasks or care activities that could be considered professional responsibility.
  • Ask for permission. If you feel strongly about helping a resident in need, ask permission from the facility to do so. This can help avoid any misunderstandings or policy violations.
  • If you do help a resident, inform the staff on duty. 

Very best wishes to you,

Nurse Beth

+ Add a Comment