Light at the End of the Tunnel?

[sideshowstarlet, BSN, RN]

I've turned into such a job hopper since I moved to New England in 2020. Part of that was personal stuff, health issues, relocating for grad school internship, etc. But some of it is crazy stuff like this... 

Until the very end of August, I was employed on a detox unit. The unit literally had 150% turnover since I started in May. Ever since the beginning of August, when the most experienced employee (who had been there for two years) was fired for trumped up reasons (management said he was "unethical" but didn't really elaborate), the person who had been on my unit the longest was the manager, who had started in April. I was actively looking and applying to other jobs. In the meantime, the pay was good, shifts were 8 hours, and it was a five-minute walk from my house.  Manager also said they could potentially accommodate 4 10-hour shifts per week for me once the unit became fully-staffed. 

However, there was a ton of drama. For example, we had a new coworker identify her favorite spot to sit and try to implement assigned seating for everybody else to ensure she kept that spot. She even went to not just the manager, but the manager's manager, in order to accomplish this. And it worked.

I don't really care about the seating arrangements, but the change involved multiple in-person meetings, phone calls, and emails. This is for a role that doesn't generally involve a whole lot of sitting down (at least not if you're doing it right).  Prior to the start of these multiple meetings, I unknowingly sat in the spot this person had earmarked for herself and got reported to management for this. I didn't even know that this was going to be/already was a rule until I got in trouble with my boss's boss for sitting there. And I didn't leave a mess or anything. I just sat there to do some charting on the computer. This person started after me, so it's not like the desk issue could have been covered during orientation, even if orientation wasn't sorely lacking. I'm not sure what special meaning the spot held for this coworker, but I did hear that this coworker and my boss's boss worked together years ago and were friends from there. 

Anyway, I had Fri., Aug 25 off, and I received a call from HR. HR said that I was under investigation but they could not say why. They said I was not to report to work, was not to contact any coworkers or supervisors, and was not to come onto the premises and that HR would be in touch regarding the investigation. I kicked my job search up into high gear. On Thursday, Aug 30, I received a call from HR saying that I was being terminated for misconduct. They said they found a note with threats written on them where I normally sit, had conducted a handwriting analysis, and determined that I wrote the note. They said this handwriting analysis was done by comparing the note to samples of my work, but we only have computer charting. While I hadn't worked the Friday that I initially heard from HR (Aug 25), I did work the day before, and this was apparently found that Thursday evening. But I didn't write any threats. They said this note contained threats to kill people with office supplies like keyboards and staplers. Just in case this needs to be said, I did not threaten to kill anyone with a keyboard or stapler (I'm not even sure that's possible). At no point during this investigation was I told what it was about or asked any questions.

I applied for unemployment, despite "misconduct" generally being a disqualifier for unemployment. I put that I was fired for performance. The unemployment rep called me and stated she tried multiple times to contact my former employer's HR department. She had reached out to me to ask if I had the direct extension for HR. I told her honestly that I didn't, that I just had the main number. Rep stated that she tried that number 5 times and kept getting transferred to different people. My claim ended up being approved, and I got back pay for the weeks I was waiting to hear back. 

Mid-September, I was offered a clinic job that I had interviewed for while still employed at the old job. I'm super excited about the clinic job, but I'm also really worried. Start date is Oct 16. This new job already checked references prior to the final interview, so I'm not worried about that piece. My listed references included coworkers from my now-former job whom I was friends with, and the job offer is not contingent on a reference from the old job's manager. I don't have a criminal background or any mark on my license. I guess the background check is still in progress. So far, nobody's reached out to rescind the offer. I got the pre-employment physical, drug screen, and flu shot done. 

I'm cautiously optimistic, but I'm worried that this accusation from my old job will come back to bite me. I just have so many unanswered questions. Should I get a lawyer to contest what my old job said about me? Is it possible for the new job to find out about this issue when unemployment was unable to? Can you actually kill someone with a keyboard? 

[Davey Do]

Wow, sideshowstarlet, what a saga!

It is written that all the people and events in our lives are there because we draw them to us, and what we decide to do with them is up to us.

If this is so, you and I are the Keystone Cops who regularly meet Godzillas and have to do the Hoochie Coo with them.

When terminated from any position,  I always applied for unemployment benefits, and if my application was contested, my case would be tried by an adjudicator. My former employer had to show proof that the termination was just, and more often than not, it was found unfair. 

I would receive documentation from Bureau of Employment Benefits stating the case. Although never a necessity, I felt empowered in possessing an official government document supporting that I was not at fault.

Good luck and the best to you, sideshow!

[sideshowstarlet, BSN, RN]

Davey Do said:

Wow, sideshowstarlet, what a saga!

It is written that all the people and events in our lives are there because we draw them to us, and what we decide to do with them is up to us.

If this is so, you and I are the Keystone Cops who regularly meet Godzillas and have to do the Hoochie Coo with them.

When terminated from any position,  I always applied for unemployment benefits, and if my application was contested, my case would be tried by an adjudicator. My former employer had to show proof that the termination was just, and more often than not, it was found unfair. 

I would receive documentation from Bureau of Employment Benefits stating the case. Although never a necessity, I felt empowered in possessing an official government document supporting that I was not at fault.

Good luck and the best to you, sideshow!

Thank you for the kind words. So far, this employer has not had the wherewithal to contest my unemployment benefits. I read that, in my state, they have 21 days to do so. But I feel like if that were to happen, it would have happened by now. And I did receive a notice of eligibility when I was approved. It is heartening to have this. I've also been able to fill my weeks of unemployment with long hikes in the New England Autumn. I also have a job offer from a staffing agency in case the clinic job offer gets pulled. 

I just want some stability. 

[lifelearningrn, BSN, RN]

That sounds insane and I definitely would get an attorney involved. 

[sideshowstarlet, BSN, RN]

lifelearningrn said:

That sounds insane and I definitely would get an attorney involved. 

It was indeed insane in the membrane. 

[Davey Do]

With all due respect to who, when in any type of troubled work situation, make a knee-jerk decision and advise a lawyer be involved, have never been involved in such situations.

In short, I have been involved in numerous labor disputes, a $50,000 civil suit with criminal charges brought against me, have come out on top in most of the circumstances, and have never paid for the services of an attorney!

There are so many available resources and entities out there who can and will aid us in dealing with issues which are legal in nature.

Learning to, and directly dealing with problems ourselves, also has the added benefits of empowerment which decreases our anxiety.

[sideshowstarlet, BSN, RN]

Davey Do said:

With all due respect to who, when in any type of troubled work situation, make a knee-jerk decision and advise a lawyer be involved, have never been involved in such situations.

In short, I have been involved in numerous labor disputes, a $50,000 civil suit with criminal charges brought against me, have come out on top in most of the circumstances, and have never paid for the services of an attorney!

There are so many available resources and entities out there who can and will aid us in dealing with issues which are legal in nature.

Learning to, and directly dealing with problems ourselves, also has the added benefits of empowerment which decreases our anxiety.

I will say I had a part-time job back in Nov 2022 which required Liability Insurance. I purchased a one-year policy. I called my liability insurance about this and, after a day of phone tag, was told that I would receive a call back in 2 business days. This was several weeks ago, and I never heard back. My first and last liability insurance policy. 

[Davey Do]

I hear you, sideshow.

Twenty plus years ago, I requested my nursing Liability Insurance be involved in my civil suit, claiming I had made a statement to the plaintiff based on my knowledge and experience as a professional.

Not only did they deny my claim, they based their decision totally on what the plaintiff alleged that I had said, using their quotes.

With friends like that, eh? I dropped the liability insurance like a hot potato and functioned without their services quite well for the remaining 20 years of my career.

[sideshowstarlet, BSN, RN]

Davey Do said:

I hear you, sideshow.

Twenty plus years ago, I requested my nursing liability insurance be involved in my civil suit, claiming I had made a statement to the plaintiff based on my knowledge and experience as a professional.

Not only did they deny my claim, they based their decision totally on what the plaintiff alleged that I had said, using their quotes.

With friends like that, eh? I dropped the liability insurance like a hot potato and functioned without their services quite well for the remaining 20 years of my career.

They denied you based on what the patient who was suing you said?! I can imagine the denials that malpractice insurance companies would issue if this was standard practice. 

"Wrongway Unlimited Liabilities, a Limited Liabilities Corporation, is denying your claim due you acting outside your scope of practice by secretly being an undercover cop and stealing all of Mr. Jones's drug money." 

"Assurance Endurance Resurgence Insurance is denying your claim due to the plaintiff actually being a glass of orange juice, which your ill-advised actions caused to spill.  Assurance Endurance Resurgence Insurance only covers nursing practice performed on humans." 

[Davey Do]

"'I've got AIDS and now you have AIDS!', the defendant screamed at the plaintiff."

First, I am incapable of a scream, having a deep, bass voice. I haven't screamed since I was a third grade girl!

The plaintiff had attacked me two days after having surgery for the removal of a cancerous intestinal polyp, and while he was on top of me, plummeting me in the face with his right fist, he held my chin with his left hand. I felt one of his fingers go inside my mouth, so I bit down on it, hard.

He stopped punching me and got off of me, but continued verbal aggression. About a month before, I was a first responder at a fatal MVA, and during the intervention, got blood into my eyes and mouth, so I said, "I have been exposed to blood, which means I could have been exposed to blood-born pathogens, which means if I've been exposed to AIDS, now you have been exposed to AIDS!

The judge said to me, in his chambers, "What you did at that accident was heroic. However, you WANTED to terrorize the plaintiff!"

"Guilty as charged, your honor", I replied.

 

[sideshowstarlet, BSN, RN]

Davey Do said:

"'I've got AIDS and now you have AIDS!', the defendant screamed at the plaintiff."

First, I am incapable of a scream, having a deep, bass voice. I haven't screamed since I was a third grade girl!

The plaintiff had attacked me two days after having surgery for the removal of a cancerous intestinal polyp, and while he was on top of me, plummeting me in the face with his right fist, he held my chin with his left hand. I felt one of his fingers go inside my mouth, so I bit down on it, hard.

He stopped punching me and got off of me, but continued verbal aggression. About a month before, I was a first responder at a fatal MVA, and during the intervention, got blood into my eyes and mouth, so I said, "I have been exposed to blood, which means I could have been exposed to blood-born pathogens, which means if I've been exposed to AIDS, now you have been exposed to AIDS!

The judge said to me, in his chambers, "What you did at that accident was heroic. However, you WANTED to terrorize the plaintiff!"

"Guilty as charged, your honor", I replied.

I think the beginning of this story sounds familiar. Was this when you were working on the psych unit, you were attacked by a patient, and none of your coworkers heard you calling for help because the door was closed? So you took it upon yourself, without approval from the MD, DPH, DMHAS, JCAHO, the Board of Nursing from a different state (doesn't matter which one), the Director of Nursing, the Assistant Director of Nursing, the CEO, the CFO, the COO, the Operations Manager, the state Governor, the President of the United States, the Senior Undersecretary to the Minister, and the Customer Experience Enhancement Consultant, to prop the door open with a trash can? And then had to attend a meeting about it, during which 8x10 glossy photographs of yourself doing the dirty deed with presented? Or was this a different incident? And how did the judge respond when you said this? 

[Davey Do]

Wow, sideshow, what a memory you possess!

Those are three different stories in the Annuals of Davey Do, in that The Stabbing took place in 1998, the Civil Suit in 2000, and the Heinous Crime of Propping Open the NS Door With a Garbage Can in circa 2018.

I don't recall the judge having anything more to say after my guilty plea in particular, but I will sing his praises to the end of my days, for he was a No BS judge. He went as far to tell me, after the trial was over, "If you have any more problems with the plaintiff after this, I want you to come to me".

Yes, what a professional he was!