Group one -black list for nurses in dallas

teiladay · Oct 27, 2010

At least one person mentioned whether or not it (concept of a "blacklist" was constitutional). Why wouldn't it be? Why shouldn't a business be afforded the same freedoms that we enjoy as individuals here in the U.S.? What "constitutional right" is taken away from someone when they are put on a black list (which folks are free to create). A black list doesn't take away one's right to work in the least. A black list in itself does absolutely nothing to impede your progression as a nurse, etc., and merely serves as a tool, only for those who choose to use it.

Get a 140 on the LSAT, and your essentially "blacklisted" from virtually every "good" law school on the planet.

Score in the 29th percentile on the MCAT and your "blacklisted" from virtually every med school on the face of the earth.

You get the point. A blacklist is merely a discriminating tool (like the lsat, mcat, gre, gmat, sat, act, etc..)

The opposite is also true, but you don't hear people whining about that- if you score 178 on the LSAT (near perfect) and have a decent GPA, you'll have your pick of law schools... Columbia, NYU, Chicago, Virginia, Stanford, Yale, Harvard... would that be considered a "white list"? If so, I don't hear people crying foul about it.

Standardized Exam = discriminates based on performance

Blacklist = discriminates based on performance, and /or a myriad of other personal attributes.

Both serves as excellent *general* tools of prediction.

I would just focus not getting on the "list" to begin with, and if you or your friend are on the "list", then I'd simply focus on having enough strong recommendations, education/certifications to minimize any affect that being on a 'list' is likely to have.

Truth be told- such 'lists' have saved people (firms, corps, hiring individuals) a money and time- no matter what the law ever says, blacklists will forever be.

I hope you or your friend focuses on tilting the scale(s) with a bunch of heavy-weight good stuff.

Respectfully and good luck!

Teila

teiladay · Oct 27, 2010

The problem with "black lists" of any type is that - even if the intention of its creation is legitimate - some percentage of people will be on the list due to totally false allegations made by somebody who didn't like them for one reason or another.
If this list provides no mechanism to challenge one's placement upon it and if it has no sunset limitations then it sounds ripe for abuse.
Sure, front a $20,000 retainer and *maybe* a lawyer can help you... maybe... at $350-500/hr... pretty tough to afford for a $35/hr nurse.

Think of how many would-be physicians, and attorneys never became one only because they didn't do well on a standardized exam (MCAT/LSAT). Does a single exam make them bad or good, unsuccessful or successful applicants by default? Of course not, but *generally speaking* it (standardized exams and blacklists) are sane tools that (like most other things) aren't perfect, but works pretty darn well.

There will always be abuse- but most of the time, such isn't the case...

Teila

teiladay · Oct 27, 2010

I understood OP to be referring to those on the list as being "not rehireable", although I assume such people can move to other areas and seek work.
Is there no clause in the American Constitution that defends an individual's right to support him/herself and his/her family? I would have thought that was regarded as a basic right....

... and that basic right would (if it existed per se') still be intact, because no one is stopping a would-be worker from working at Burger King, WalMart, The Dollar General Store, Popeyes Chicken, being a cross-walk guard, or working construction, etc...

In a nutshell, on the legal front, it is near impossible for someone, or a non government entity to actually violate your constitutional rights.. and a blacklist doesn't even come close.

Teila

allnurses Guide · Oct 27, 2010

there is a lot speculation about what groupone does or doesn't do, but i didn't see any actual links to the site. background checks, frequently asked questions, groupone

i've been given advice to not provide employment references and to give only title and dates of employment. why?
this is common advice from those knowledgeable about state employment law, yet who are not as experienced in the employment-related use of the fair credit reporting act (fcra), a provision of federal law. the fcra is the foundation for our program and provides immunity from prosecution. if proper procedures are followed and the client understands their responsibilities, the fcra provides protection. any legal causes of action will be heard in federal court, not state court, which has been a disincentive for potential lawsuits to be filed. a challenge to the use of our termination reasons as part of pre-employment screening has not been successful.
can't i get reliable previous employment information directly from other employers without using groupone?
apart from the fcra's provisions protecting information provided through organizations such as groupone, providing information on previous employees may subject employers to state causes of action for libel, slander, or defamation.
recognizing this, many employers will not provide other employers termination reasons for previous employees. likewise, an employer using anecdotal or undocumented information (such as might be received from former co-workers or even managers) in making employment decisions may be subjected to other causes of action. groupone's processes protect both employers under the umbrella of the fcra.
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do i have to give termination information?
no, but it is important that facilities receiving termination information participate in a reciprocal relationship with our other employer clients.
what if i don't understand a report or need a question clarified?
we have a professional help desk staff available during our extended business hours, so you can be sure to speak to a real person when you have any questions. our help desk staff is responsible for researching and answering your questions, and responding with an answer on the same business day.
do you report "deferred adjudication" criminal cases?
yes, deferred adjudication is reportable. it is not a conviction; however, the individual has admitted guilt in court.
how do i find out what is on my file?
at your request, a cra must give you the information in your file, and a list of everyone who has requested it recently.
there is no charge for the report if a person has taken action against you because of information supplied by the cra, if you request the report within 60 days of receiving notice of the action. you also are entitled to one free report every twelve months upon request if you certify that
you are unemployed and plan to seek employment within 60 days
you are on welfare,
your report is inaccurate due to fraud.
otherwise, a cra may charge you up to $10.50

(for more information click here for a summary of your rights under the fair credit reporting act)

if there is something incorrect on my file, what can i do?

the goal of groupone is to provide accurate information.

if you tell a cra that your file contains inaccurate information, the cra must reinvestigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. the source must review your evidence and report its findings to the cra. (the source also must advise national cras to which it has provided the data of any error.) the cra must give you a written report of the reinvestigation, and a copy of your report if the reinvestigation results in any change. if the cra's reinvestigation does not resolve the dispute, you may add a brief statement to your file. the cra must normally include a summary of your statement in future reports. if an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.

inaccurate information must be corrected or deleted. a cra must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. however, the cra is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. if your dispute results in any change to your report, the cra cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. in addition, the cra must give you a written notice telling you it has reinserted the item. the notice must include the name, address and phone number of the information source.

you can dispute inaccurate items with the source of the information. if you tell anyone--such as a creditor who reports to a cra--that you dispute an item, they may not then report the information to a cra without including a notice of your dispute. in addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

(for more information click here for a summary of your rights under the fair credit reporting act)

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who has access to my file?

access to your file is limited. a cra may provide information about you only to people with a need recognized by the fcra--usually to consider an application with a creditor, insurer, employer, landlord, or other business.

your consent is required for reports that are provided to employers, or reports that contain medical information. a cra may not give out information about you to your employer, or prospective employer, without your written consent. a cra may not report medical information about you to creditors, insurers, or employers without your permission.

(for more information click here for a summary of your rights under the fair credit reporting act)

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Music in My Heart · Oct 27, 2010

Think of how many would-be physicians, and attorneys never became one only because they didn't do well on a standardized exam (MCAT/LSAT). Does a single exam make them bad or good, unsuccessful or successful applicants by default? Of course not, but *generally speaking* it (standardized exams and blacklists) are sane tools that (like most other things) aren't perfect, but works pretty darn well.

The concept of a standardized evaluation and a subjective "blacklist" are totally unrelated. The former case is, by definition, standardized - all persons are evaluated by the same objective, predictable, and repeatable criteria. In the latter case, there is no standardization at all - it's totally subjective and quite easy to abuse.

There will always be abuse- but most of the time, such isn't the case...

"most of the time?" From where do you derive that data?

CapeCodMermaid, RN · Oct 27, 2010

I am a Massachusetts Yankee. As far as I know, we don't have an official 'black list' of any kind. The area I live and work in, however, is quite small. In an 80 mile area, there are 18 skilled facilities. Everyone knows everyone or at least knows someone who works in each facility. If any of us are called about a former employee, we give an honest description of the person off the record. It's not formal in any way, but we all know who the rotten nurses are and none of us wants to get stuck hiring one of them.

And, if one does happen to work in a facility where the rule for giving a reference is you can state the time they worked for you and whether or not you'd hire them back.....there are all sorts of ways to say NO to convey a meaning without spelling it out.

Goldenhare · Oct 28, 2010

If I remember my employment law, the only thing LEGALLY that can be said about a "unsatisfactory employee" is that you would not rehire them. Anything else you might add can be construed as slander. Just because you HAVEN"T been sued, doesn't mean you CAN"T be sued. The Texas list sounds illegal to me.

Future_Nurse007 · Oct 28, 2010

"It was a nightmare come to life. And it almost happened again.
A nurse suspected of murdering patients was fired from her job. Less than two weeks later she was hired at a nursing home only 30 minutes away. Created in 1988 to assist hospitals in finding a safe and qualified workforce, GroupOne Services offers criminal background checks and employee termination data stretching internationally. These screening tools increase the hospital’s success rate when hiring employees by helping to identify quality workers and weeding out the problem candidates.
“Working within a healthcare institution is a privilege and responsibility,” said Eric Scott, Vice President of GroupOne. “It’s our job to not only keep patients safe, but healthcare workers safe. Our goal has always been to improve the quality and safety of any healthcare institution, which in turn improves quality of care.”
GroupOne Services is staffed by experienced professionals serving more than 600 healthcare organizations ranging from large hospital systems to small staffing services. From its headquarters in Irving, Texas, the company energetically researches applicants' backgrounds, processing more than 115,000 requests and 1,155,545 sub requests a year.
GroupOne is not just another vendor. The company partners with clients to support and enhance hiring processes. By basing hiring decisions on GroupOne’s validated data, clients have realized a significant reduction in turnover rates and employment action, thus increasing patient safety.
As for the case of the nurse suspected of murder, today she is serving a life sentence in prison, and her name remains within GroupOne’s database.
We have access to sex offender registries, instant work history information and previous address locators. We utilize an Interactive Voice Response (inbound verifications) System. We do not just serve the Dallas-Fort Worth or North Texas healthcare area. With our state of the art background check, background search and background screening system, GroupOne now serves the world."

Group One is a one-stop shop for employers to find out about a potential hire...I'm sure it was created with good intentions, but I have seen this used by managers to carry out a personal vendetta against a former employee, and have been threatened by a manager who basically said she would blacklist me from hospitals all across America if I had too many absences from work :confused: :madface:

At the time, I had no idea what group one was, but when another coworker got blacklisted through it for some other petty reason, I found out, and have since quit my job at that hostile environment....

Now I'm happy at my job, and with a better manager, feel secure that even if I don't have perfect attendance, no one will be reporting me to GO!

:coollook: :rolleyes: :heartbeat

BTW, here's their website link for anyone who is interested!

Criminal Background Checks, GroupOne Experienced Professionals

Mountaingrl06 · Nov 3, 2010

it seems that i may be in the same boat as so many other nurses in the dfw area. i am on unemployment and have not been able to get hired for months. i have had interviews and great talks with recruiters and then they never call back. a few nights ago i told my husband i felt like there is a black mark by my name somewhere. that same night i found a posting about group one on here. i had never heard of them before, but my eyes have sure been opened now.

i have been reading post after post here as well as on other message boards. the more i read the more infuriated i get. how many patients are not being given the best care possible due to staffing shortages? now with the new healthcare legislation there will be even more patients coming into the system. who is going to take care of them when there are so many of us unable to find employment because of this absurd agency? we have worked hard for our license. we have sacrificed time, money, friends, family. we must join together and fight back. that being said, let me relate my story.

i was an lpn for many years, and have recently obtained my rn license. about a month before graduation, my home health agency fired me without warning and never told me they fired me. they pulled me off my case while i was out of state for a week for school. they left me vm and email saying they pulled me off the case and to call to talk about things. well, i was in touch with them via email after getting back to town and went into the office to do some paperwork a week later. while there they told me a lame reason for taking me off my case (never even got to say goodbye to my pt after almost a year which was very hard!) the recruiter said he would email me info. on some new cases. never heard anything again. a few weeks later i sent him email asking why i had not heard from him and asked if i was fired and not notified. no response. so i filed for unemployment. i was an employee in good standing. never had a bad review or complaint from a pts. family, so my guess is they did not want to raise my salary from lvn to rn.

anyway, after filing the twc officer called me to get my side of the story and told me the employer said that i quit without notice the week i was out of town. i provided them with emails that showed i was in contact with the employer after that date. i also explained that i was in the office 2 weeks later and that my name and date were all over 2 patients charts. so, if i had quit, why on earth would i have gone into the office to do patient related paperwork. well, the company then changed their story to say that it was work force reductions. i won my claim.

a few weeks later i was notified that they appealed twc's decision stating again that i quit without notice. when the hearing date came they never showed up. i believe that they decided to ruin my career since they had no case against me and reported me to group one. i am now waiting for my report to see what damage has been done. for anyone needing their report you must contact them in writing, provide your address, phone, full date of birth, social security number, sign and print your name. the address is group one services: 250 decker drive, irving, tx 75062. 800-683-0255. texas workforce commission suggested contacting the commissioner and the attorney general. i will post more as i find out information on legal options.

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MissPiggy · Nov 3, 2010

Right on. The only "list" that exists in my neck of the woods is the provincial regulatory bodies for nursing (Canadian equivalents to BON) are entitled to make public the names of illegal practitioners who are attempting to practice w/o a license. That's legit. But what is being described in this thread? Defamation, slander... no way that can be legal.

It shouldn't be, but in Texas the Good Old Boy mentality reigns, so it IS legal as long as we don't have union representation to stand up with us. :down:

dbscandy · Nov 7, 2010

When I was DON of dialysis units in SC & FL, there was a very fine line between information and slander/libel. Employers were allowed to only say whether the person would be re-hired, NOT why they would not.

I believe that law still stands. I would certainly test it if my name ended up on that list and it cost me future employment.

BUT, on the other hand, why would you want to work in that arena again, knowing they have such practices? MOVE!!! :lol2:

LindaFord · Feb 9, 2012

Is there truly a Chapter One list and how do I find out if my name is on this list? Thank you.