I lost my job.

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The DON approved me 2 weeks vacations and I traveled outside of the USA to visit a sick family member. For reasons beyond my control that I can not describe here I could not come back on time. I took 3 weeks but I had called her to let her know about my problem. Upon my return I when to see her and she told me that I was terminated for voluntary resignation. She offered me to work per Diem. I am a very responsible person. I have been a nurse for more than 13 years and this is the first time that something like this happen to me. Also, I worry that this is going to affect me with prospective employers. Please any advice?:crying2:

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That doesn't sound right to me. She gave you 2 weeks to take and you called her when you found out that you needed extra time. I don't think should have been terminated for that. But I don't know how to who taking off thing works so what do I know.

Sorry for your loss.

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Specializes in chemical dependency detox/psych.

That doesn't sound right to me, either. If you've worked for them for more than 1 year, you could perhaps have used FMLA time? That's why this type of leave exists. I would talk to HR--with this being termed as a voluntary resignation, which it wasn't, than I believe that they don't need to pay you for unemployment insurance. That's just wrong. Do you belong to a union? If so, get them involved.

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Specializes in Psych (25 years), Medical (15 years).

pretty70:

From the information you gave, it sounds as though you were terminated for no good reason.

Slightlymental_RN uncharacteristically gave some good advice. ;) :D

Here's some more: Apply for Unemployment Compensation. The Employer will probably contest your application. Your case will then be mediated by an Adjudicator. Everbody can air each other's Dirty Laundry during this process. The Adjudicator will make a decision. Once again, based on the information you gave, the judgement will probably be in your favor. Either way, the decision will not affect your abilities at obtaining another job. :twocents:

Been there. Done that. Have bought the T-shirt. :devil:

During the Adjudication Process, remember this: The Important Thing is not if you win or loose. The Important Thing is how you look playing The Game. :coollook:

Best of luck to you, pretty70.

Dave

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Specializes in Med/surg, rural CCU.

That really stinks...but legally I don't think they did anything wrong. YOu can't file for FMLA retroactive. Essentially you took time off unapproved. (unless she told you it was fine when you called)

It shouldn't effect future jobs though, because voluntary resignation isn't the same as getting fired.

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Specializes in School Nursing.

It looks to me like they took an easy route to reducing a full time, full benefit position... the fact that she offered to let you work per diem, imo, shows that. They want you there to do the work, but don't want to give you the benefits. Win/Win for them.

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I'm so sorry that ahppened to you. And FMLA is no guarantee. I has a situation in early 2009 where my aunt died in another state and I was executrix with my dad, who had Alzheimer's and Parkinson's. I had to go settle the estate and HR got ***** because I had no PTO accrued. Then my dad became acutely ill and I was needed 250 miles from home to help out. Got FMLA approved. Got laid off right afterwards. Thanks, health care.

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Were you gone for 3 weeks or 5 weeks?

If you were only gone 3 weeks (one extra week) then yes, that is pretty crappy. If you were gone 5 weeks I can see why they would have needed to fill your position.

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Specializes in chemical dependency detox/psych.
pretty70:

Slightlymental_RN uncharacteristically gave some good advice. ;) :D

:p Thhhbbbppt!

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Specializes in Gerontology, Med surg, Home Health.

I have worked in many places where the rule is only 2 weeks of vacation at a time...didn't matter if you were the ED, the DNS, a staff nurse...a CNA...2 weeks only. We had lots of people travel home to a different country. They would stay away 3 or 4 or 5 weeks and they all got their jobs back...well they used to before I showed up. But, if you called and explained you couldn't get back? I'm a hard ass and I wouldn't have fired you.

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pretty70:

From the information you gave, it sounds as though you were terminated for no good reason.

Slightlymental_RN uncharacteristically gave some good advice. ;) :D

Here's some more: Apply for Unemployment Compensation. The Employer will probably contest your application. Your case will then be mediated by an Adjudicator. Everbody can air each other's Dirty Laundry during this process. The Adjudicator will make a decision. Once again, based on the information you gave, the judgement will probably be in your favor. Either way, the decision will not affect your abilities at obtaining another job. :twocents:

Been there. Done that. Have bought the T-shirt. :devil:

During the Adjudication Process, remember this: The Important Thing is not if you win or loose. The Important Thing is how you look playing The Game. :coollook:

Best of luck to you, pretty70.

Dave

Thanks for your reply. I have a question. Can I still apply for Unemployment compensation even though she offered me per Diem. Thanks again.
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It looks to me like they took an easy route to reducing a full time, full benefit position... the fact that she offered to let you work per diem, imo, shows that. They want you there to do the work, but don't want to give you the benefits. Win/Win for them.

That's what I think to. I am afraid that I will not get enough hours working per Diem. Thanks.

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