Got a nurse aide fired... did I do the right thing?

Nurses General Nursing

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Hi everyone, I'll just get right into it. I work as a LPN in a group home with a few individuals with intellectual disabilities. We also have a nurse aide who comes and helps out during daylight hours. This specific nurse aide has given the nurses multiple problems since she was hired. Essentially her job as the nurse aide is to make sure the house is kept clean, cook, laundry, plan activities with the residents, take them on outings, simple tasks. The job is fairly laid back, however the residents must be closely monitored by all staff due to behaviors. For weeks, this nurse aide has done nothing but lay on our couch and watch netflix for her entire shift. Does not clean, cook, and barely says a word to the residents. Me and a few other nurses have complained about her, but we were basically blown off with nothing done about it. Today I walked in for my shift to find her asleep on the couch and snoring. I had a hunch that she was sleeping on a few other shifts but never caught her until now. I immediately took a picture and sent it to my supervisor for proof. Long story short, the nurse aide was immediately fired for neglect. Sleeping is not tolerated. However, when I reported it to HR, they gave me the impression that I should have spoke to the nurse aide about it or simply woke her up instead of reporting it. So now, I am second guessing what I did. My intention was not for her to get fired, I just wanted the management to see what she was doing and possibly re-train her. I didn't like her, but I would never want anyone to lose their job. What would you have done?

Oh... tough one. This Former CNA of yours can bring that employer to court easily, taking a picture of her without her permission and she's not even in public! Can simply say, was blinking my eyes when that picture was taken! Remember, you don't say a patient's "asleep or sleeping" on your documentation or charting.... at least that's one of the many things I've learned in nursing school.

Hmmmm!!!

P.s.

I'm glad though she's out of your facility

Specializes in Psych, Corrections, Med-Surg, Ambulatory.
I would've talked to her about it first. Maybe you would've found out she had another job, family responsibilities, school, etc...(I've juggled all 3 at the same time & know how exhausting it is)...it's still not an excuse for her not doing her job responsibilities but obviously she's not getting sleep & there's a reason why. Find out by talking to her & then offer her advice with a warning that you'd have to report it if she does it again. You would want someone to do that for you. You said you don't like her so it's hard to believe that you really wanted management to retrain her. Maybe you just wanted her to be punished but didn't think it would be as severe as her losing her job. I believe you when you say you feel bad about that. We also don't know what her attitude is like & that can make a difference in how you feel. My opinion.

It isn't anyone's business why she's so tired she's sleeping on the job. She agreed to perform certain duties in exchange for a paycheque. That was the deal. By not doing any of the work required, watching Netflix, sleeping, she's not holding up her end of the deal. Therefore the deal is off. That means she's fired. That's how it works.

We don't know what her attitude is like? Yes we do. She has made that abundantly plain.

Specializes in Family Nurse Practitioner.

I think you did the right thing. People like that usually don't change.

"It is not a crime to take a photo of someone at work. However depending on what happens next, if anything, there could be civil liability for using the photo for a commercial purpose without your consent, invading your privacy, or portraying you in a false light. The proper remedy would be to complain to your supervisor at work or the HR department if applicable."

I know we are nurses not lawyers, but I sure wish someone smarter than me could cite a law that says you can't take someone's picture at work? I found this response in a very quick Google search. It is from 2009, and I am sure 10 lawyers could argue about it and come up with 20 answer!

I would love to see this CNA complaining to human resources about this!

My two cents comes from what I have seen based on the facts.

Personally - if this aide's behavior was tolerated for that long, management needs to do something about it. I work in home health and (in all honesty) have been known to close my eyes from time to time and sit for a few moments but never binge - watching Netflix and completely ignoring my duties and my patient.

That being said, I would have handled the situation a little differently. I would have taken the picture, woken up the aide, and taken them aside and explained that I had evidence of them sleeping on the job. Also that I had every intention of going to management about it, after being repeatedly ignored.

By this time, I imagine you'd have the aide's attention. And while begging for their job, give them one last chance to do right. Sounds like blackmail, but some people just need that good solid kick in the head. Also keep the picture and any more screw ups on her part would mean a trip to management.

You did the right thing. Sleeping on shift is an immediate termination. Remember, this profession is not about us but our patients. How can we keep them safe if one of the team members are sleeping?

My two cents comes from what I have seen based on the facts.

Personally - if this aide's behavior was tolerated for that long, management needs to do something about it. I work in home health and (in all honesty) have been known to close my eyes from time to time and sit for a few moments but never binge - watching Netflix and completely ignoring my duties and my patient.

That being said, I would have handled the situation a little differently. I would have taken the picture, woken up the aide, and taken them aside and explained that I had evidence of them sleeping on the job. Also that I had every intention of going to management about it, after being repeatedly ignored.

By this time, I imagine you'd have the aide's attention. And while begging for their job, give them one last chance to do right. Sounds like blackmail, but some people just need that good solid kick in the head. Also keep the picture and any more screw ups on her part would mean a trip to management.

That would be the wrong thing to do. Let's say she did this and the following week she was sleeping while one of the residents had a seizure or a cardiac arrest. Now the LPN is also responsible as she was aware this aide sleeps on shift and did nothing about it.

The LPN did the right thing. In most healthcare facilities, sleeping on the clock is immediate termination.

I would have spoken to her and asked if she was getting enough sleep and such. Would also have let her know it could get her in trouble and attempt to address any other issues. If she blew me off so be it, manager can deal with it. If she heeded advice then all is good.

I am just reading more and more lately about RNs fearing for their licenses over non-narcotic and/or non-major mistakes which used to be handled just fine without BRN. Same goes for reporting everything to management, she was certainly out of line in some of the behaviors you describe but it is possible no one had brought it up before.

Omg. Yes you were completely wrong. From your own testimony you said she is giving you and the other nurses a hard time and you have reported her on multiple occasions to supervisors. What I never heard you say is that you and the other nurses called her in to have a meeting and tried to correct the situation yourself. It's like following the chain of command. You said the job is pretty laid back. By saying that this aide may have been under the impression you all did not mind. I am in no way condoning what she did. But you had an opportunity and you went in for the kill. If you would have had a conversation with her you may have found out a reason she was so tired and lazy or whatever. Please understand in no way am I condoning what she did because as a CNA\nursing student myself I can't stand a lazy worker. However, I have to humble myself because everybody needs their jobs. If I was in the situation I would at least like to say my nurse told me I was wrong and I continued to do wrong so I deserved this. I feel bad for the CNA and I hope she finds another job.🙇🏽*♀️

I agree it is grounds for immediate termination and the LPN Knew this when she reported the incident. My whole thing is they never ever addressed her. Were they afraid? I feel that she should have been confronted long ago. Why is the nurse saying the Job is laid back? We train people how to treat us.

You did the right thing. Present management with evidence, and then let tbem decide what to do with it. It's not your job to save somone else from their own poor behavior

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