Mad and confused!

NurseKitten, MSN, RN · Jun 27, 2009

First of all, what state are you in?

Are you past your "trial" period? In some health care facilities, it can last as long as 6 months to a year, but most places have a 3 month trial. This is important.

During the trial period, most employers can terminate you for any reason. After that, they have to show cause.

When she initially talked to you, did she just talk to you, or did you have to sign anything formal, as in a formal disciplinary action or plan of correction? If you didn't, she is absolutely full of it and on very shaky ground.

Furthermore, when she called you into the office and fired you, that should have been it. If you were truly fired, there should have been 1) a witness, 2) a formal disciplinary action, 3) your final check, etc etc etc...it's been a while since I've had to do any of that. And you should not have had the option to continue work for the next month. She has lost her mind - what the hell kind of supervisor allows a potentially disgruntled and fired employee to continue working?

In other words, if you were only verbally counselled, and did not sign anything, at this point, she has nothing to stand on. And a week only to improve your performance? Without a formal written plan of correction? I don't think so! That's not realistic, and furthermore, what concrete documentation do they have that you did not meet her levle of improvment when those expectation were not set forth in writing to begin with!

Is this LTC owned/operated by a hospital or corporate chain? Beverly? Alterra? There is justice and recourse through human resources, I'm just saying...

At any rate, because it sounds like you are unsure of yourself and your rights in this situation, here is what I would suggest:

First thing Monday morning, you call the biggest, baddest, meanest employment and labor attorney in your area. Use the weekend to do your research here online and in the community as to who that may be. If you have to pay for a consultation, so be it, but many of them will do it for free. Good legal advice is not cheap, however many of them will do it on a contingency basis - unless you keep your job, you don't owe them. This sounds like a fairly clear-cut case of needing to show this woman that you aren't playing and you know your rights. My guess is she'll kark her britches if she gets a call from an attorney.

Meanwhile, don't sign ANYTHING. If she backs you into a corner, and you feel you have no choice, write out next to your signature a statement, something to the effect of, "My signature here does not denote agreement or acceptance of any facts, terms or conditions set forth within. My signature here represents only that I have seen and am aware of this documents contents. My sugnature here was obtained under duress without the opportunity to review the contents of this document with the counsel of my choosing."

My husband, while not an attorney, has experience battling the BS bureaucracy, and he suggests asking for copies of her personnel file, any previous documentation of your performance, good, bad or otherwise and keeping copies of if all yourself as it is recieved any time, in any job in the future.

If you have a copy of your good evaluation from your former DON, he also suggests comparing to see if anything was fudged.

He also seconds my sentiment to not be afraid to approach your HR manager. While she may be aware of what's going on, and may be "on their side", she is also responsible for protecting the employer from a lawsuit for wrongful termination.

There's a lot more we could get into here...but for now, just please...PLEASE...document, document, document...dates, times, people spoken with...start keeping a journal in your pocket (NEVER LEAVE IT THERE!!!) and get to an employment attorney on Monday, somehow.

Good luck. You probably also want to be looking for a job, too...because even though you're gonna win this one, it sounds like, do you REALLY want to be working for such a hateful woman?

nrsgnerd · Jun 27, 2009

Well, while I dont know exactly why she is doing this, it could be several reasons. If you have earnestly tried to improve, then perhaps she is BUDDY-BUDDY with someone who doesn't care for you. She may be trying to set an example to the other staff by using your being "let go" as a scare tactic. The one thing you have going for you is that you are a nurse and with that comes a degree of job security in knowing that you can and will find another job. I would suggest reading the employee handbook and making sure that how you leave does not cause you to lose any of your sick time or vacation pay. Maybe this door is being closed because GOD wants you to work for him somewhere else. Remember, he is our ultimate boss so it matters more that he is happy with us then anyone else. Regardless, I would certainly write a "PROFESSIONAL" letter to whomever is her boss and let them know exactly how you were let go and make it a point to include what your concerns are for the facility and the residents. Don't sound angry, sound intelligent and genuine in how you describe things. By doing this it doesn't sound like a disgruntled employee whos just ticked off. My best to you and remember....when one door closes, he always opens a window for us. Good luck!!

nrsgnerd · Jun 27, 2009

And listen to Nurse Kitten...sounds like she knows what she's talking about and I just learned a few things from reading her post...."GO NURSE KITTEN"

anonymurse · Jun 27, 2009

I love my manager. She's the cat's meow. And I'll be out the door before she's finished boxing up her plaques, knowing who's most likely to push her way into inheriting the desk. It's a done deal. If I see the manager boxing a plaque, I'm gone, whether I have anything lined up or not. And forget the requested 30-day notice. I'd rather have my early departure noted in my current manager's honest appraisal of my work, than have the oncoming backstabber as my last manager of record (thus being the only one contacted about me).

Sparrowhawk · Jun 27, 2009

I'm from Missouri..it's a corporation. They're also now refusing to recognize Dr's notes on call ins.

No, she had no papers for me to sign, just a "counseling" thing...I've hated it there the last month and was fixin to quit if she was still being..weird. Come Monday I am planning on talking with the administrator and saying just the things NurseKitten said..I don't know if a lawyer is the best course of action..Iw as contemplating reporting them to their cooperation and the board of nursing homes..dunno.

But yes, I am not signing anything and will talk to the administrator come monday. I agree, she's in with somone..and no I had no formal paper of disciplinary action.

Sparrowhawk · Jun 27, 2009

oh..and yeah..I am past the trial period..hence the review from the old DON.

prison_nurse · Jun 27, 2009

She could have someone else lined up for the job and that's why she's pushing you out....

Sparrowhawk · Jun 27, 2009

All I say is she just better have decent reasons come Monday and things I can reason with..not crazy stuff. But still..it just seems weird to do it two days after you tell someone they're off the schedule *head spins*

I know of one CNA and I that don't get on...

It's granted I need more experience and I do learn things slower and have less confidence..but still..if it's never been talked about before..gimme longer then a week.

prison_nurse · Jun 27, 2009

..but then lets me stay PRN until I can find a new job. If I'm such a bad nurse...why keep me? *head spins*
Why would she do this? Is it because they're cutting back budget wise and don't want to be honest about it? Is she just crazy? She's done other things to other nurses that have been..allbeit odd. This is only my second job and never have gotten bad reviews..ever..ever ever.

Reading this part of the post, I think she knows she doesn't have grounds, but wants to get rid of you (for whatever reason) and is hoping you will find another job.

Standing up to her could either make things better because she knows you are not a pushover, or make things worse... It's a crap shoot.

I think your choices are limited to either going the whole hog and taking legal action as suggested by another poster, or finding another job.

Personally, I would choose the easier option, and just find another job. But that's me...

Sparrowhawk · Jun 27, 2009

I'm just finding another job and good riddance. But I really feel I should talk to the administrator who has happened to been there the whole time. And yeah, I can see this lady seeing me as weak, unprofessional and a pushover. Heh heh heh. Hell no. Not when you make me mad enough.

Morning-glory · Jun 27, 2009

Yup, squeezing people into corners is never a good idea!!

Been there, done that, want to buy a t-shirt, slightly used?

Last job I was in was LTC. I went through 4 DONs in 2 years. Last one just about pushed me over the deep end. It is nasty business.

Good luck on the next one.