Published Jan 27, 2006
CapeCodMermaid, RN
6,092 Posts
Long story short....we had an allegation of abuse made about one of the CNAs by another CNA. First one denied it...patient who is very confused said it didn't happen. Administrator told me to fire the one who was accused. I and the supervisor told him we couldn't fire her without just cause -- we have a union--and if we did, it would come back to bite us in the a**.Granted she's a crummy aide and had been counseled about other things, but we had no proof she abused anyone. He said "I don't care..do what you're told. I make the decisions." So the woman wouldn't come in and I had to fire her over the phone.
Guess what...the union is taking us to court for firing someone without cause...the administrator left in December leaving us to deal with it.
Nothing much to do but say what happened...I did what I was told...and by the way, I wrote a note which is hidden in my office about what he said and about what the supervisor and I said that day.
Just a vent.
DusktilDawn
1,119 Posts
If these allegations are true, unfortunately due to the circumstances of her firing, she will win. The administrator shouldn't have put you in the position that he did.:icon_hug:
Paulette RN
33 Posts
That is a tough position to be in. That is why there is a process. Of course if the abuse is witnessed and can be collaborated instant dismissal is the course to take. But in a unionized environment, our process has always been counciling, verbal, then written warning. You really have to have all the i's dotted and t's crossed.....document document document....Why was he/she not suspended? Good thing you wrote down what you did. Smart! Sometimes I think the union is great and other times I am angry as it is so difficult to let those go that really have no place working where they do....truth is always the best way...good luck....would be interested to know what the outcome will be.
Cute_CNA, CNA
475 Posts
Ugh, terrible. Catch-22. I don't know what to say except that I hope everything works out for you in your favor, and that some specific policies will be written so that this doesn't happen again.
UM Review RN, ASN, RN
1 Article; 5,163 Posts
Let's put it this way:
Would you have the authority to fire this person had the administrator not given you the authority to do so?
Most nurses cannot act on their own like that.
In your case, the administrator's permission can be deduced from the fact that you fired the aide and the administrator failed to "correct" the situation.
You also might have enough on your side by the fact that "she was a crummy aide and had been counselled about other things" as well.
Did you believe that this aide might have abused a resident?
You say that you're pretty sure that you didn't really have enough to fire her. Did your duty at that point then become to be the aide's defender? Or was it more important to take the allegation seriously due to your primary obligation to your residents?
FWIW, I would've chosen the latter if I believed with all my heart that she could've hurt a resident and let the chips fall where they may.
RosesrReder, BSN, MSN, RN
8,498 Posts
Wow, tough situation. The thing is that even if she was a "crummy aide", you have no proof she abused this resident. I also think it's unfair for the administrator to have jumped the gun and made you fire her (you said the patient was a confused one). She may have a case and you can't really blame her.
Now, hopefully there is a way to get you out of this since you were just following someone else's orders. Best wishes to you.
You should have never been put between the sword and the wall. I am sure you will come out clean, again good luck.
Katnip, RN
2,904 Posts
Just because the administrator isn't there now doesn't mean she still can't be called in and held accountable for decsions she made prior to leaving.
Kikumaru
83 Posts
Curious, you stated she "wouldn't come in." There seems to be a problem with that. If I told someone to come in and they didn't that would be grounds for termination in a situation as this.
I'm not really worried personally. The union can do nothing to me except maybe give me grief (which they do anyway )
The aide wouldn't come in because she lives an hour away. I told her she should come in, I told her she was entitled to have a union rep there or one to listen in to the conversation on the phone and she refused. She had been suspended as soon as the allegation was made.
The administrator just didn't like her...that was basically it. And to answer one of the other questions...no, I didn't have the authority to fire her on my own.
Another learning opportunity I guess. I should have called corporate and gotten their slant on it, but most likely I would have been told to go along with what the administrator said.