Published Dec 16, 2009
skyjunky
3 Posts
After my shift, I clocked out and went downstairs to use a computer terminal inside the hospital's medical library to finish my patient notes. (We catch so much crap if we are not able to clock out on time.) Long story short... I mistakenly left my notebook in the library. Since it was a Saturday it could only be accessed by swiping your hospital employee badge. I went back to get it the next day, but it wasn't there. I checked the nurses station, thinking maybe I left it there, but no luck. Monday morning I received a call at home from my manager asking if I could come in later. She needed to speak with me. When I got to her office, she and the HR manager were waiting for me. She pulls out my notebook and asks if I can explain??? Then opens it. My "brain" from my last shift was inside. Normally, I throw it in the shreader after the shift. But since I hadn't finished charting before leaving the floor, I had forgotten about it. The librarian found it and turned it in to my mgr. Since this was a violation of HIPAA, I was terminated. Luckily, no patient info was actually compromised, but the fact is, I made a completely avoidable and stupid mistake, however unintentional. Had it been seen by anyone other that hospital personnel, my mgr said she would have had to report it to the Dept of Health.
Now I find myself looking for a job. I was so not ready for this. I've only been in nursing for 2 and a half years! I had finally gained so much confidence in myself as a nurse. I feel so stupid. I've never been fired before in my life, and I tell you, it's truly humbling. I don't know how I'm going to answer the inevitable question, assuming I can even get an interview. Do I have to tell the truth? I feel like such a failure. Having to admit I was careless. Not exactly the first quality you look for in an RN.
Sorry for rambling. If anyone has thoughts on how to handle the question, how to explain it if I get the opportunity. How to make the truest, but briefest explanation, I would really appreciate it. I've been rewriting my resume for 5 days now, trying not to sound like a complete liar as I describe what an asset I would be if hired.
meandragonbrett
2,438 Posts
A) You made a mistake. Learn from it and be up front about it.
B) Do not finish your work off the clock. It's not your problem that you still have some charting to do at the end of the day. Off the clock and still working is a big no no.
caliotter3
38,333 Posts
Never take your work to another area. That was a dangerous thing to do and your experience proved it. Just go for those jobs as best you can and explain the problem when it comes up by saying you made a mistake and have learned from it. There is nothing else you can do because you were at this job too long to be able to camouflage the fact that you were there. You are going to have to wade through this. Be prepared to take work outside of nursing to survive as this may take a long time with a few non-nursing jobs in between, to surmount. Good luck.
SuesquatchRN, BSN, RN
10,263 Posts
No one in NY will do anything beyond confirm dates. I would find a reason you left that does not include this.
jtmonique
110 Posts
That's across the board now it is illegal to give employers information about employees or ex employees other than confirming that they were or are employed by them and the dates and since they didnt report it to anyone I wouldnt mention it in a negative manner. You made a mistake learn from it move on stronger than you were before. Good Luck!
Jules A, MSN
8,864 Posts
I'm so sorry this happened. As others said, learn from it, move on and find a way to avoid it in conversations with prospective employers. Take care.
It is not illegal to give your opinion of an ex-employee's job performance. That is what my attorney told me when it was explained to me how an ex-employer can blacklist a person and get away with it. As long as the word , "opinion" is used, they are covered to say what they want. I have since confirmed that information with employment info given on websites for that purpose.
That might be so, caliotter, but no one here will do it. Period.
If one is going to badmouth someone so they can't get a job, it should be true and it should be serious enough to warrant such action. Keeping someone from earning a living just because you have a hair up your own behind does not say anything good about you as a person or as an employer. Where I live, employers often will contact the Board to make allegations against someone's license. That insures that the person pretty much can't recover.
groovy jeff, RN
348 Posts
that's across the board now it is illegal to give employers information about employees or ex employees other than confirming that they were or are employed by them and the dates and since they didnt report it to anyone i wouldnt mention it in a negative manner. you made a mistake learn from it move on stronger than you were before. good luck!
as an ex-hr type i can say this isn't exactly true. an employer can tell anyone seeking a reference anything; however, many previous employers have been sued because they gave opinions, untrue statements, or unsubstantiated subjective information. as a result few employers will give more than just dates.
there is an exception that many hr people do not realize. if an employee commited a crime or an act of violence at work and the previous employer didn't forward that information to the new employer, they can be held liable in civil suit by the new company and any victims of the crime.
since the hippa violation wasn't reported, it probably won't be an issue. relax, 99.9% of employers will only verify dates.
delilas
289 Posts
It is not illegal to give your opinion of an ex-employee's job performance.
When I worked as a manager in food service in both Illinois and Ohio, it was illegal to give any word other than facts about an employee. The only time we could state more than their dates of employment was if it was a matter that was actually reported, IE, the employee stole and it was a matter of public record.
Your 'opinion' of an employee (IN MOST STATES) can get you sued for libel or slander, especially if it prevents them from getting another job. If my "opinion" of you was that you were a sloppy worker who put her patients at risk, and I'm just an ex manager with an agenda, I could prevent you from being hired anywhere, even if your termination or layoff had nothing to do with my opinion.
It is because of this most states only allow facts and reported situations to be part of references.
As to the OP...I would still be up front with any interviewers, because part of the facts they can check include that you were terminated, not laid off or quit. But I would simply be frank and honest. It was a mistake; it didn't harm anyone, and you are only human. Explain you've learned from it if they ask, but try to not worry so!
Lucky0220
318 Posts
If this has been your only infraction at this place of employment, I think it was a bit harsh to just fire you on the spot. True, it obviously was a HIPAA violation, but in reality, HIPAA violations occur unintentionally all day on hospitals floors, with nurses and doc leaving charts around and computer screens up. Your manager sounds as if she is not so supportive of her staff. Am I the only one who feels this way?