Lost my job again!!!

BabyLady, BSN, RN · Aug 2, 2009

If I had a legitimate health issue, the employer was informed of it up front and hired me anyway....I would not have resigned...I would have forced them to fire me.

When you resign, you also sign away your rights to unemployment. You also sign away any rights, by quitting, that the employer failed to make "reasonable accomodations" for you and your disability.

However, you didn't post...but I'll ask.

I work with one nurse that has a back problem. Yes, the other nurses don't exactly treat her very nice.

The reason why, is that they hear her talk about taking trips to theme parks, engaging in sports activities, projects she does around the house, they also see her carry in a heavy bag every day.

However, anything that is heavier than 10 or 15 lbs, or an assignment that may require excessive walking, transports, assisting, etc....she is constantly, talking about her back. She also leaves early, quite a bit, because of her back.

Very recently the nurse manager asked her to bring in documentation for her medical issue and now she is throwing a fit that they are asking for it..which has raised a major question whether she has a disability at all.

I'm not saying that is you...but you may want to examine what you are talking about, what they see you do, versus what you say you cannot do...especially if you are losing more than one job over it.

Several nurses work in the profession that have injured backs.

lecavalier4 · Aug 2, 2009

Excuse me, but I have had 3 major back surgeries, I do not do things out of work that I cannot do at work. I have a weight restriction and I abide by my weight restriction in all aspects of my life. I am offended that you would even insinuate that that could be a reason I lose my jobs. I also decided to resign because I do not want a termination on my employment record. It is nurses like you that make it hard for us nurses who have disabilities, you treat us as though we are worthless and that we are liars. I am very hurt by your post and angered by it.

Trauma Columnist · Aug 2, 2009

Did the initial job description sound like something you could do and then they changed the description? That would certainly be a problem. Can you job shadow to ensure its a job that you can do first before accepting? Are you eligible for state-assisted job training? I know in IL, if you can't do one job, you can be retrained. If you aren't working, would you then qualify for student grants so that maybe you could return to school?

Just some stray thoughts.

I think the above poster was venting about a particular nurse she worked with. Certainly not all nurses with back injuries are like that.

BabyLady, BSN, RN · Aug 2, 2009

Excuse me, but I have had 3 major back surgeries, I do not do things out of work that I cannot do at work. I have a weight restriction and I abide by my weight restriction in all aspects of my life. I am offended that you would even insinuate that that could be a reason I lose my jobs. I also decided to resign because I do not want a termination on my employment record. It is nurses like you that make it hard for us nurses who have disabilities, you treat us as though we are worthless and that we are liars. I am very hurt by your post and angered by it.

Obviously you didn't read the part of my post that said, "I am not saying that this is what you are doing." Please read the ENTIRE post before commenting that I am not understanding.

There are TONS of nurses that work every day that have back disabilities. Nursing is one of the top professions for back injuries. They have information all over the hospital on how to prevent them, how to keep them from getting worse, and how to manage them. It's a hazard of our profession.

However....if you are disclosing this fact, have a known lifting restriction, I seriously doubt that this is why you are losing your jobs....as many more nurses work nursing jobs every day, with weight restrictions, that don't lose their jobs.

My post was only stated to get you to take an objective look at what you are doing and saying...if you choose not to go that route, then you'll never find out why you are losing your jobs.

No employee of any company should fear an involuntary termination when that employer has no reason to let you go. That is called a LAY OFF.

If you are let go for a CAUSE...that is what they call being fired.

If they didn't have a concrete reason to let you go, then I sure as heck would have not feared them firing me...in fact, it would have given you huge ammunition for a lawsuit.

But when you quit....or asked to resign...you didn't state the reason...but I am sure they gave you one....which you didn't post at all.

brazuca · Aug 2, 2009

wow... lets be civil here guys. Lets not jump into assumptions of what one or the other assumed.

This thread interests me in that I am constantly watching for any potential transfer that may hurt me in the future. In my unit, I hear a lot of nurses talking about "MY PET PEEVE", basically they use this term to state what in their patient's care is extremely important to them. One may say, "my pet peeve is frequent mouth care", or "my pet peeve is changing lines frequently to prevent infections", well nobody was very happy to hear mine... and it was... "MY PET PEEVE IS TO WATCH MY BACK AND THINK ABOUT MY SAFETY FIRST". They looked at me as if I don't care for my patients, but thats not the truth, I do care. But I also know that nobody is going to watch out for my safety, and if I fall victim to a disability like yours, I will be on my own having to deal with it, and even possibly be unemployed. I grimace every single time my charge nurse calls me to transfer a patient to the chair that cannot get up on his own (I mean a full lift), I have no problem assisting the patient to the chair. I have assisted carrying the patient literally from the bed to the chair numerous times because the charge nurse says, "The surgeon wants him up in the chair in the morning." I'm sorry, but im no "crane," patients that are full lifts in my book should be moved by physical therapy professionals that are trully trained in proper body mechanics and are able to provide safety for themselves and to the patient. It is a ridiculous scenario in my book, and I have written papers on the statistics of nurses in relation to back problems and how in europe many hospitals have "established lift teams" for these types of patients.

I am sorry about your back, and I hope you find a job soon. And for all those out there, WATCH YOUR BACK!

lecavalier4 · Aug 3, 2009

BabyLady - I apologize. I did read your entire post, but misinterpreted it. I have just been battleing this for 5 years and always on the defense. So, I am sorry.

The employer was first talking about my back problems in the sense that I have called off and have left during my shift at times because of the pain. He also told me that I should have known this was coming. I mentioned that other people I work with also had medical problems and have called off and left work early, but he said oh I'm not talking about medical problems (lie). My main problem with this whole thing is there is another nurse that I worked with who called off way more than I did and she was given warnings and a suspension with pay. I was given nothing. No warning, nothing.

Also, my employer knew of my condition when I was hired. They did not accomodate me when I asked for less hours and to only work straight night shifts (less chance of restraints - I worked in a psych facility). They gave me less hours the week I was forced to resign, but they never took me off of evening shifts.

I never refused to do anything at work and I did a lot of things that caused me pain. I did call off more than I should have and I only left work early when I knew the other staff would be covered.

Maybe this whole thing is my fault, but I still feel like I was discriminated against.

BabyLady, BSN, RN · Aug 3, 2009

BabyLady - I apologize. I did read your entire post, but misinterpreted it. I have just been battleing this for 5 years and always on the defense. So, I am sorry.
The employer was first talking about my back problems in the sense that I have called off and have left during my shift at times because of the pain. He also told me that I should have known this was coming. I mentioned that other people I work with also had medical problems and have called off and left work early, but he said oh I'm not talking about medical problems (lie). My main problem with this whole thing is there is another nurse that I worked with who called off way more than I did and she was given warnings and a suspension with pay. I was given nothing. No warning, nothing.
Also, my employer knew of my condition when I was hired. They did not accomodate me when I asked for less hours and to only work straight night shifts (less chance of restraints - I worked in a psych facility). They gave me less hours the week I was forced to resign, but they never took me off of evening shifts.
I never refused to do anything at work and I did a lot of things that caused me pain. I did call off more than I should have and I only left work early when I knew the other staff would be covered.
Maybe this whole thing is my fault, but I still feel like I was discriminated against.

....and you very well may have been discriminated against.

I'll be honest, I cannot imagine what it would be like too work in nursing with chronic back pain. It must be a nightmare to go to work, knowing that just about everything you do that day, is going to hurt.

I can sympathize....seriously.

I tend to play the devil's advocate on here...just getting people to look at things in a different light.

I would never suggest that you were not doing your job...but I was just throwing an example out there of one person I work with...and why many of the staff is not really sympathetic toward her.

As a new graduate, they are always reminding me to watch my back, because i haven't used it enough yet to cause me problems.

I was in a major car accident about 15 years ago that messed up one of my legs...I haven't had a job since then that required me to do as much standing and twisting as I have in my new job.

So I could very well, be sitting in your shoes one day.

I was not meaning to offend you in any way. I was just throwing a couple of ideas out there that may or may not have fit your situation.

caliotter3 · Aug 3, 2009

My question is: Just what is it that you do or say that causes them to want to fire you after they go through the trouble of hiring you in the first place? They can't be holding your disability against you, otherwise you would not get hired. There is something wrong with this picture that bears some looking at, otherwise, it is going to happen again and again. Good luck in dealing with this.

Lacie, BSN, RN · Aug 6, 2009

Depending on your state, I know in Florida, you can get unemployment if you resign for medical reasons that are documented and reasonable. I resigned my position due to severe arthritic condition of my knees and recieving unemployment. My determination letter stated: " Benefits payable due to quitting due to medical reasons - substantiated." Also if they knew on hire you had a documented back issue and you can substantiate you requested them to make "reasonable accomadations" which means doesnt place an extreme hardship on the employer which may fall to the ADA. If you apply for unemployment it doesnt cost anything. all they can do is say yes or no. I was shocked as thought I would be denied but wasnt. They considered it a "constructive discharge". If denied then appeal it. You get up to 2 appeals.

Heogog53 · Aug 6, 2009

Talk to your state's Board of Labor, inquire about wrongful termination with an attorney- it's free, and go look at a website called WING USA. It's all about work injured nurses and their struggles.

I had a patient fall on me in Sept 2006. Since then, I've been out twice with back pain issues and am facing having to do the same thing again. I'm depressed, bottomed out and exhausted from attempting to get better and have the idiot Workman's Comp doc send me back too early, despite my protestations of pain. I'm terrified that my hospital is going to termimate me because I keep calling in FMLA. What I need to get better is to stop working, and do a very intense PT/OT/rehab regime for a couple months- and to be released to go back to work WHEN I'M READY and not when some incompetent doc says I am. The second time I went to see him he said,"Well, I don't what to do for you anymore than I did before." Impressive guy, huh?

Anyway, do those first three things, then see what happens from that.

I understand your frustration about not being able to keep a job. I want to work, but I'm in agony every day I do work. Then I end up in bed, exhausted ad in pain, missing more work. It doesn't seem as if there is a clear way out of this hole.

In my state, vocational rehab will only spend money on people who don't have college degrees, so despite the fact that I desparately wanted to get a MSN in Education, because I have a BA in something else as well as Dip,I don't qualify; you might. Look into that.

Best of luck,

Work-injured-nurse

Moogie · Aug 9, 2009

i just lost my job again because of my bad back! i was forced to resign (again). i'm so tired of this. it is hard enough for a nurse with back problems to find a job. i apply and apply and apply for positions which i wouldn't have to lift, etc, but i either have not enough experience (case management) or too much experience (says the hr people, but i wouldn't apply if i didn't want it) for the jobs. no offense to any brand new grads out there, but new grads can get jobs easily with no experience except nursing school. i have been a nurse for 7 years and everyone wants a bachelor's degree or certifications (i'm a diploma nurse), which i would be glad to go back to school, but i am forced to resign from jobs so i need money to get those degrees and certifications!!

i think it's a crying shame that a good nurse with a bad back can't find a job!

you are right that someone with a bsn will be eligible for positions beyond the bedside that would be easier on one's back. and i do understand your financial struggles. however---if you are at all interested in teaching----there are programs out there that will help finance you if you do an rn to msn program with the intention of teaching nursing at a college or technical school.

quite honestly, as the graduate of a diploma program, i think you'd have the skills that would help you be a great clinical instructor. :twocents:

maybe you could talk to someone in financial aid at the nearest university offering rn to msn about your situation. you might be able to get additional financial aid from someone due to your disability.

just another thought---if you need to stay at the bedside for now, could you work at a no-lift facility?

i am so sorry you are going through this. you seem like a nurse who has a lot to offer the profession and you also sound rightfully frustrated over not being able to find or keep a job.