Imagine that you're the NightShift Supervisor and have been for quite awhile with all linens, medical supplies, residents rooms, exit doors,and entry door keys for access, locking or security when suddenly their aren't any keys and the above doors are inaccessible too you?
Imagine that you're responsible for 170 residents, 15 too 25 nursing staff and several of those in your care are Trachs all using misters,one with MRCA, cancer of the throat and he suddenly goes into distress with the medical supply room locked.
Imagine that you've made several calls trying to attain the keys for immediate entry with NO Call Backs and the nurse responsible for this residents direct care is in a panic as this resident is literally suffocating and close to Resp.Distress and the other residents are in need of sterile solution for their Trachs, but you've no access other that breaking into the supply room.
Imagine that you've reported same to the Nursing Consultants as well as the Administrator with the response being; "Why didn't you wait for Resp.Distress and then 911 him out?"
Imagine calling Corporate Headquarters and explaining this and they agreed with your decision which saved the residents life; not too mention that it protected your License, and told to ask for a 'Peer review' since the Administrator put you on indefinite suspension for "Destruction of Property."
Imagine attending the 'Peer Review' with witnesses notarized statements as well as them present; a notarized statement with the witness present that the Administrator had kicked-in the DONs door for paperwork and told it was all irrelevant because they wanted the 'Names' of those directly responsible for the door damage which you refused as you where the supervisor and instructed them to gain entry. The linen closet was entered by use of a credit card but the Medical Supply room had several dead-bolts and was unattainable with a credit card.
Imagine that you asked of your 'Peers'; "What should I have done?", and you were told that; "You could have called other facilities in the area requesting the needed medical supplies."
HUH? SAY WHAT?
You explain that that was unethical since the facility had the necessary medical supplies and according to the Social Security Act, all doors should have been accessible; not too mention the embarrassment the Corporation would have to contend with and the State Investigation that most certainly would follow, which it did with several 'G' tags and others given.
Imagine that you're Terminated and asked to sign a 'Write-Up' at the close of the 'Peer Review' admitting to destruction of property or sabotage of facility?
Imagine that in your long career as a RN you've never,ever been written-up, too have this shoved in your face. You refused to sign; your terminated!
Imagine receiving a 'Certified Letter' with the write-up enclosed stating that you admitted to destruction or sabotage but refused to sign.
Imagine contacting the Ombudsman,Health Professions Bureau, ANA, VNA, local paper and all agreed with what you did but saying they couldn't do anything about it.
'HUH?' SAY WHAT?
Imagine contacting an attorney and being told it's a 'TORT' issue which may take several years and that you also had a good cause for a 'Libel Suit', but...
Imagine that the facility in question lost not just the supervisor but CNA's, LPN's, RN's, ADON and DON next due in part to their total disregard for the residents care and staffing needs which you made it a point to express to the Administrator on numerous occasions only to be told that they had NO Authority to hire or address the issues which your response was to ask if they were primarily there as 'A SEAT WARMER.'
Betts, I was fired from a LTC facility after I reported patient abuse as well as falsification of charting. The whole story is long, seedy and caused me enough outrage to last a lifetime. Prior to me reporting it to the state I had went to my administrator 3 times basicly begging him to do the right thing, first time I was told he didn't know how to do it, I told him I would be happy to walk him through it. Second time I was told he would but since we were outside of the reporting time he was trying to figure out how to do it without causing too much of a problem. Third time he and the number two in corporate held up a paper on the desk telling me the state had cleared them and would not be coming in because my investigation was done so well. I guess they thought the flattery would work. It didn't I gave a deadline to have it done, and was suspended pending investigation the following day for----patient abuse. I had to go through an investigation by the state board and defend myself and my license. It worked out in my favor, but it took a year and a half. I also sued under the whistleblower act in Michigan. After the year and a half the corporate settled. After taxes, because it was considered back wages, lawyer fees and the pittance the attorney settled for I got just under $4000. I bought my sister a used car for $2000 and gave her the rest in cash. To me it was blood money, I didn't want it, I wanted someone to pay dearly for what had happened the residents and to myself. In the end the administrator was let go, the district manager was let go as well as Mr. number two at corporate. Administrator easily found another job, district guy moved back to PA, and good ole number two is now an administrator at the worst nursing home in Battle Creek Michigan.
The only way I knew what to do in my case was a complete accident. Two days after I was fired I was at a doctor's appointment for one of my kids and picked up a Newsweek, in the section called my turn I found an article by a nurse in Mass. named Barry Adams. He had gone through some similar things and it was only through contacting the National Labor Relations Board was he able to be walked through what he needed to do. I followed that lead, the NLRB gave me a list of attorney's in my area to speak to. I think it would be wise for you to give them a call. They will likely have some resources for you. If you are not familiar with who Barry Adams is then please do a search and you will likely find him. You can also go to the Massachusetts Nurse Association web site and read about who he is. Please understand you are not alone in this kind of bullshit. Another resource to consider is the magazine put out by the California Nurses Association, Revolution. I would be willing to bet they would be very interested in printing your story. Don't expect the big news media outlets to give a damn, I wrote all of them. Don't expect much from your senators or congress either, I wrote mine too. The other avenue to look at is reporting the conditions to the state as a complaint, as well as contacting your state omsbudsman.
I may also have some other resources for you, currently a friend of mine is going through a process in AZ. His dilemma is connected to his union activities that have been frowned on heavily not only by the hospital but also by the Arizonia Nurse Association.
If nurses that have had this type of crap happen to them would unite together we could be an amazing force for change. The problem is that our own associations are not willing to acknowledge this stuff happens without it being somehow your fault. That doesn't preclude you from taking other activists ways. What happened to me was the first brick in the wall that made me become an activist. The death of my father under circumstances that shouldn't have happened with overwhelmed nurses who had too many patients, and working at a place that refused to let me have a leave to go to Tennessee to take care of him, leading me to walk out in the middle of the day to never return, was the next brick.
Currently after dealing with a sick mom, sick stepdad and insurance issues I opted to quit trying to fight this shit through my nurses association, I don't care about unions, that will take too long to affect nationwide change, I have spent time talking with my political party of choice and will be participating with them on healthcare issues. Will it make a huge difference? Doubtful, at least immediately, but I am young and have enough anger to last me many years. I will keep plugging away until the appropriate change occurs. I hope you join the small group of nurse activists who are doing this.
But in any case, please call the National Labor Relations Board, call the state, call your omsbudsman and write a letter to the editor, you may ask to have your name not printed if you like. I urge you to not give up. I was fired in 1998, and I am as fired up about it all as I was then. The difference is that I am not spinning my wheels anymore, or going 50 different directions. I don't have flighty anger I have cold methodical anger. Did I mention one of the patients abused was 105 years old, couldn't move on her own, begged people to just leave her alone? She ended up with a broken clavicle, a hemotoma on her cheekbone and a laceration on her forehead. She never recovered from the incident and died a couple months later. I worked in the small community I live in and grew up in, small and rural. Some of the people I took care of were friends of my grandparents. No matter what I could not abandon these people.
I now have a wonderful job, am very respected in it and am happy. I make nearly ten dollars more an hour too. But never do I forget what someone did to my patients and tried to do to me. And never will I just go back to my life the way it was, because I decided that I will and must continue to be an advocate for my patients and for my profession. No more nurse patsy's.
I look forward to how this works out for you, even three years down the way.
I've sent an email to Tommy Thompson, the#1 man about the current affairs with NO response. I do appreciate your concerns but remember; Your dealing in Politics now and it's a whole new ballgame! If I could find the words to reach those of us with any pull but alas, I've not heard from them. Money is the Motivator here not Caregiving. Understand now? Sad but true.....Money talks but BS walks!!!
I am stunned at what has happened to you, betts.. you have my prayers, good thoughts, and support.
If I might make a suggestion: instead of email, take the time to type up and send a letter snail mail. It has more impact and gets more attention. It is easy to send email, as evidenced by the hundreds I receive each week. It takes more effort to send snail.
I need allnurses support. Rest assured I'll not give in or give up until this matter is resolved in allnurses minds. If you truly care, truly want respect, recognition, contact me, otherwise, continue on your way and leave the Caregiving to those that care.
This is some complex situations for me to imagine. You can be assured that it's very scary to loook the beast in the face, expecially after you act as you have legidimately. You are doing right by putting it all down and expressing yourself. Yuve gained better perspective by typing on this thread. Thank you for expanding my mind, Love, Mario
sadly to say......i would love to say that your area of the world and country was different...........
but it is not..........
all that this can lead me to is more acitivism is in the area of practice that I find myself in for the next 30+++ years.............
i have been energized by allnurses.com.......give me a couple months to adjust to the reacitve mobility of my molecules...........and I will .......????????????
love you all...........cause we are literally in this 'SPEND MORE TIME THAN AWAY' way of life..................
BETTS FOX News : Try Bill O'Reilley or Hannity and Colmes, also Gretta Vansusteren. All the shows hosts list their e-mail addresses. I recommend e-mailing these individuals as well as the general news e-mail. ([email protected]) ...possible potential here....DON"T STOP! luck and prayers....LR
In some circumstances, an employer's discharge of an employee may not be regulated by any federal or state statute. For example, depending on the decisional law of a particular state, a private sector employee who is not represented by a labor union may be deemed to be an employee "at will" under the law. Generally, absent a written employment contract or an enforceable promise of certain employment conditions, an employer may, without running afoul of the law, demote or fire an employee deemed to be an employee "at will" for any reason or no reason, so long as the employer's conduct is not a type of discrimination prohibited by a federal or state law. However, a number of states recognize exceptions to the employment at will doctrine which permit an employee to contest adverse employment actions in certain defined circumstances by pursuing a private lawsuit. Therefore, you may wish to seek legal advice from a private attorney to determine your right to contest a "wrongful" discharge which is not covered by any of the federal or state statutes outlined above.
betts
667 Posts
I'm being remiss here; State contacted me and took my statement while investigating the facility in question.