I Won!!!!!
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Remember me from "I got canned" ? Well, in a nutshell I was given the boot unexpectedly one day at the end of my shift from a hospital here in California that had decided to eliminate our CNA's as a form of punishing us for supporting the ratio law that had gone into effect.
Numerous attempts to voice our concern over possible delays in treatment and the consequence to patient safety and dissatisfaction over timely interventions fell either on deaf ears or the DON would state " if you don't like it, there's the door!" . Further, it was discovered that the CNA's were told they must sign letters of resignation because their positions were no longer required.
I was vocal and supportive of our CNA's and assured many of them that they did not have to sign anything! I continued to also support my fellow nurses with bed baths, linen changes and lifting heavy patients, in short we buddied up to make things easier for the patients. An email had been circulating that stated the facts in regards to the elimination of our CNA's and our concerns which I received and forwarded to a co worker and then deleted it. I was told verbally that I was being terminated for "inciting insubordination of a critical nature" and graciously turned in my badge, left and promptly filed for unemployment.
This butcher shop told EDD that I had violated a "reasonable employer rule" and had been discharged for misconduct. Thanks to all of your kind words of advice, I appealed and met with the HR director and a judge. This was a very nerve wracking experience and I had to wait for 2 weeks to await my fate.
They RULED IN MY FAVOR!!!! Now, my question is, do I persue this farther and go to the Labor Board? I was apparently the only person to have been fired over this technicality : using the email for personal solicitation. In the past I have received emails that advertised a yard sale, a baby shower etc. yet HR acknowledged that these folks had never even gotten a warning, let alone been fired as I was. Is this discrimination?