I am getting fired:(

DutchgirlRN, ASN, RN · Dec 26, 2005

So I got a message from my boss today... "I suggest you show up tomorrow and work 1545-2145 or consider this your last shift at *********" Yes I did call in broken today. I have a really good reason though I was is a car accident at the beginning of the month and I am still experiencing the effects of some pretty bad whiplash. I am a CNA and there is NO LIGHT DUTY. so My dr told me that if my boss couldn't offer me light duty that I was not supposed to go back. I went back for part of one shift and although I didn't do my share of toileting and transferring I set the tables and handed out snacks so I could take that load off my coworkers but that was even too much for me. So i called in broken and now I am going to get fired. I depend on my income to pay for school. I just don't know what to do.

Firing you and you having a doctor not ready to release you back to full duty yet is against the law. I wouldn't let them push you around. I don't know how it is in your state but I would think you could contact the labor board about the situation. Good Luck.

Danianne · Dec 26, 2005

I live in canada and no I don't think that he can do that legally here either but I have to wait for the holiday to be over.

angelsarch · Dec 26, 2005

Danianne:

My prayers are with you.

Angelsarch

Noryn · Dec 26, 2005

Firing you and you having a doctor not ready to release you back to full duty yet is against the law. I wouldn't let them push you around. I don't know how it is in your state but I would think you could contact the labor board about the situation. Good Luck.

I always thought having a doctor's excuse was adequate as well however once I started working in the hospital, I always noticed you were written up for call ins (we were allowed 3 in 6 months) no matter if you were excused or not which could lead to suspension or termination.

From what I have been told, most places are at will employment. Meaning they can fire you for whatever reason they want to as long as it is not discriminatory. This of course will vary by state and you should contact your labor board for specific information.

weetziebat · Dec 26, 2005

I'm so sorry about you losing your job. Nothing like kicking a person when they are down! If you have a doctor's note it seems they should realize you are unable to work, and try to be more understanding.

I don't know about Canada, but in Oregon it is 'at will' employment - and they can always manage to come up with some reason to fire you if they want to, even if they have to lie about it (and I've seen that done).

I would still try to check it out though. Good luck!

I understand about you needing your income, but you don't want to chance working and possibly make the injury worse. Whiplash is nothing to fool around with, and you want to give yourself time to heal completely - especially if the doc is encouraging you not to push it.

How about unemployment till you are able to work again? :icon_hug:

Danianne · Dec 26, 2005

As far as I know, here in BC they cannot fire you for being injured. My boss is an ex bank manager so he has no idea what being a CNA is like so, he just assumes that hauling some 300lb fat guy over all by yourself so you can do peri care is "light duty".

weetziebat · Dec 26, 2005

My boss is an ex bank manager so he has no idea what being a CNA is like so, he just assumes that hauling some 300lb fat guy over all by yourself so you can do peri care is "light duty".

I've always believed that anyone in charge of nursing staff should have a thorough knowledge of just what their staff actually do. If they spent a bit of time doing that work bet they might look at things differently. What annoys me even more is someone with, lets say a Master's degree in nursing, who has never worked as a nurse except behind a desk. Simply astonishing the things they can come up with! :angryfire

Danianne · Dec 26, 2005

Yeah tell me about it. I posted about my boss before the mean mean man.

Daytonite, BSN, RN · Dec 26, 2005

One thing I think you should do, if you can still salvage your job, is to contact the doctor as soon as his office opens after the holidays, tell them what happened physically when you went back to work and that you have to have a written excuse from the doc because you were unable to tolerate light duty in order to justify staying off work or they will fire you. Most facilities accept something written from a doctor and will honor that. However, most places still can fire you if they like, no matter what your medical problem is. The holidays are a really bad time to call in sick. It's too bad you or your doctor didn't anticipate that this might happen.

Tweety, BSN, RN · Dec 26, 2005

Firing you and you having a doctor not ready to release you back to full duty yet is against the law. I wouldn't let them push you around. I don't know how it is in your state but I would think you could contact the labor board about the situation. Good Luck.

It is a terrible thing to do. But the person was not injured on the job. So if the person can't meet their job description, then they can legally be fired here in Florida. Of course here in Florida the employer can fire you for no reason, it was the same in NC.

However, knowing someone is under a doctors care and demanding they return to work sets them up for a big liability.

To the OP. I'm so sorry this happened to you. Best of luck in whatever you do. Take care of yourself.

Bird2 · Dec 26, 2005

So I got a message from my boss today... "I suggest you show up tomorrow and work 1545-2145 or consider this your last shift at *********" Yes I did call in broken today. I have a really good reason though I was is a car accident at the beginning of the month and I am still experiencing the effects of some pretty bad whiplash. I am a CNA and there is NO LIGHT DUTY. so My dr told me that if my boss couldn't offer me light duty that I was not supposed to go back. I went back for part of one shift and although I didn't do my share of toileting and transferring I set the tables and handed out snacks so I could take that load off my coworkers but that was even too much for me. So i called in broken and now I am going to get fired. I depend on my income to pay for school. I just don't know what to do.

Did your supervisor have the MD note in hand when she left you the message? You should check into a medical leave of absence. Just make sure all of the paperwork is in order and have your HR DEpt involved. HR will be able to guide you.