Held Down and Forced to Take The FLu Shot

Nurses General Nursing

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Allright guys, here is my problem:

My mom works as a CNA?CMA in a nursing home. The nursing home is forcing people to take flu shots this year. My mom has never taken a flu shot, she is just a strong believer in not taking it. She knows that I think this is a stupid attidute, but I also respect her right to say no to the shot.

After about a month of trying to bully people into taking thier flu shots with saying that people won't get their pay check, etc. After a couple of calls to the labor board that got fixed pretty fast.

So here is their new tactict: Call people into their office, physically hold them down, and give them the shot.

Of course my mom is terrified. My advice to her was this: As soon as one of the administrators touches her to try to hold her down I told her to call 911. I told her to be sure to let them know that if they try to physically force her to take the flu shot. If they as much as touch her to try to hold her down to take that damn thing she will call 911 and press assault and battery charges against them. I told her to let them know that they have 3 options:

A: Leave me alone, I'll sign a paper that you offered it and I declined.

B: Fire me and we will take the legal route for wrongfull termination.

C: Touch me, give me the shot and I will call 911 and press charges.

So fire away and give me your opinion. What can she do?

Specializes in Community Health, Med-Surg, Home Health.
:yeahthat:

Not to mention looking for a new job. Why wait for the employer to call her down to the office? Get the hell out of there now!

Unfortunately, it is not as easy as that; to search for another job. What if this woman was there for a long time and close to retirement? Or has a 401K investment? Also, it is harder to start at a new place, with unfamiliar surroundings as we get older. This is not to say that I disagree; heck, I would be out on the first thing smoking. But, I also know that (at least in my area), most new CNAs are hired per diem, or part time, and it takes awhile to be brought in as a full time employee. To start from scratch is devastating for some people. Also, (again, just speaking from my area), CNA positions are harder to find except for agencies, which have no unions or insurance.

This is a question for the OP; is there a union at this facility? If so, what are they saying? This is almost as bad at the case with some factory (a movie was made out of a true story), where the women were forced to be sterilized or lose their jobs. Most of them opted to do that because there were not many jobs in this disadvantaged area, even though they didn't want to. What has nursing come to, when this can happen??

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Specializes in LTC, Med/Surg, Peds, ICU, Tele.

I have a question: If flu shots are so effective, and all the residents get them, and anyone else who wants them gets them, then what is the big threat to those people who have chosen the vaccination from those who choose to opt out?

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omg... if something like that were to happen at my job there would be a mass riot. We've been gunning it for the admins lately anyway and this would give us the perfect reason to actually burn down their offices lol.

DONT DO THAT! Get back at them in the legal way. I'm just saying....

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Specializes in L & D; Postpartum.

I am amazed that they haven't already been paid a visit by the police. But here's the thing: at our hospital, uh, excuse me, "regional medical center", we have a letter in our mailbox saying that JCAHO "requires" us to get a shot or tell why we have not. Well, I will get one, but on principle might get it somewhere else (thus paying for it) and refuse to tell them. I don't think it's any of their d**ned business, if I do or don't, and why or why not. And since when did JCAHO start making laws?

Anytime someone says I HAVE to do something, and can't give a reason other than "I said so" well, they have a very obstinate person in me to deal with.

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Doesn't an employer requiring you to get a medical treatment done and to have it on the records go against HIPPA?

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Specializes in Critical Care, Emergency, Education, Informatics.
Allright guys, here is my problem:

My mom works as a CNA?CMA in a nursing home. The nursing home is forcing people to take flu shots this year. My mom has never taken a flu shot, she is just a strong believer in not taking it. She knows that I think this is a stupid attidute, but I also respect her right to say no to the shot.

After about a month of trying to bully people into taking thier flu shots with saying that people won't get their pay check, etc. After a couple of calls to the labor board that got fixed pretty fast.

So here is their new tactict: Call people into their office, physically hold them down, and give them the shot.

Of course my mom is terrified. My advice to her was this: As soon as one of the administrators touches her to try to hold her down I told her to call 911. I told her to be sure to let them know that if they try to physically force her to take the flu shot. If they as much as touch her to try to hold her down to take that damn thing she will call 911 and press assault and battery charges against them. I told her to let them know that they have 3 options:

A: Leave me alone, I'll sign a paper that you offered it and I declined.

B: Fire me and we will take the legal route for wrongfull termination.

C: Touch me, give me the shot and I will call 911 and press charges.

So fire away and give me your opinion. What can she do?

Last time I checked that was a felony assault. battery and false imprisonment. Very not legal!!!

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:angryfire :madface: :angryfire :madface: :angryfire

I would be furious. My facility made the decision that anyone who refuses a flu shot and calls in with diagnosed influenza, will be given an unexcused absense. I don't agree with the decision, but the other people on the leadership team out voted me. People with allergies are exempt. I wonder what they are going to do with me...I've had a temp every time they have tried to give me mine...I feel fine, but my temp is always over that 99.9 mark that our medical director says is too high to get poked.

I guess people should give different symptoms when they call in if they have the flu - what are they going to do, demand your medical records? This type of thing really burns my cookies (not quite so much as the scenario that the OP describes, but it is still taking away someone's right to informed consent and right to refuse).

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Specializes in Nursing Professional Development.
Doesn't an employer requiring you to get a medical treatment done and to have it on the records go against HIPPA?

Good question ... but I don't think so. Employers have always had the right to require documentation of immunity against rubella, varicella, etc. TB screening ... tetenus shots ... etc. I think this would fall in the same category, but I am not sure.

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On a related note, since she is a nurse, there has to be a physician who is "ordering" the flu shot. I wonder how he would react to the news that his "orders" are physically forced on people?

Just to clear something up for me, in your initial post you say your mom is a "CNA/CMA" . ... so who is the she you are speaking of above? A nurse? Is your mom a nurse or a CNA/CMA? Who did the holding? I'm a bit confused.

steph

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I call shenanigans! I am pretty sure this not happening or being exaggerated or made up to scare people or joke with them. If not please pm me the facility and let me go to work there. I would love for an employer to do this to me. Wouldnt ever have to work again and in all likelihood the 3 trying to hold me down would ever be able to work again.

And what is up with JCAHO requiring flu shots or documentation of a reason. They are really trying to overstep their boundaries. I could give them a great cultural lesson on what to do with flu shots.

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in this state [louisiana] all residents of the ltc and the employees are urged to take flu shots but none are forced to take the shot..not even those who are not really capable to make their own decisions

you are given a paper in which you sign a statement that you do not want the vac but cannot be fired if you refuse it..however the don/adon will write a statement to the effect that it was offered to you i would never ever participate in any act like this, never even heard of anything like this happening

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Specializes in Community Health, Med-Surg, Home Health.

I need to ask this question; Is this in the United States?? I don't want details, to give trouble to the OP or her poor mother, but this has haunted me since I read this thread. Call the state BON, call the Media, Call SOMEBODY! These poor people have rights!!

It makes me think; management must also be forced, somehow, to do this. What is the deal??? How does an entire administration sleep with clear consciences at night? The Board of Labor, the State Department, someone strong has to advocate for these people and close that joint down! What about the nurses administering these vaccines??? Is there not a conflict of interest for a licensed nurse taking the Florence Nightengale pledge?? They might as well say to brand the employees like freaking cows!

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