Discipline or Discrimination

[woundnurseq]

I have recently been promoted to the New Clinical Director of our Assisted Living Facility. I have worked for this company now for 3 years and have been in nursing for 20 years. Part of the problem with me accepting this position is I had to do a transfer from a "sister" facility so the employees do not know me. I have been there now for 3 months and I have not made a lot of changes but the ones I have made were neccessary. The employees have not been held accountable in the past and now I have implemented the attendance policy, which has not gone over well. I have been auditing their documentation, orders, MARS and TARS, etc... I have held two nursing meeting plus individual meeting with each employee to give them a chance to get to know me and my expectations, as well as me getting to know them. I recently had to write a nurse up for a med error; this is the second one I have found on her in the past week. With the first one I pulled her into my office and had a verbal discussion on the error, no write up occured just counseling. Up to this point she has been very willing to help me adjust to the position, willing to do what I have asked, but now with this second error I had to do the med error report and notify the doctor. When I called her into the office to discussion this second error, she became hostile, refused to sign the med error even though she admitted she made a mistake. Now I get the cold shoulder, attitude when I ask her to do something, and to top it off called into the General Managers office to let me know she has filed an EEOC against us. I was in shock so now I am told we need to walk on egg shells because of this. Is this what it has come to....This has nothing to do with race.....It has to do with being an advocate for the resident, to ensure they are safe and well taken cared for........Am I crazy?

[CoffeeRTC, BSN, RN]

No not crazy. This is bound to happen. Have all of your documentation in order. Any meeting you have or any teaching you do with her. I think you are going about it the right way. Meeting with the staff, letting them know your expectations, reviewing company policy with them, verbal counseling....Just keep a record and you should be okay.

Sounds like she is just stiring things up.

[XB9S, BSN, MSN, EdD, RN, APN]

I have found that if there is a need to speak to a member of staff about performance more than once, and them make it formal one of the responses that will frequently come back is "your picking on me"

Just make sure you are documenting your evidence very carefully and following correct procedure

[Mr Ian]

I have worked a lot with people with behavioural issues. One thing I find interesting is watching their 'repertoire' unfold in front of you through the various stages.

This nurse's first response was probably a guaging exercise to see if you had any weakensses to exploit - perhaps. Perhaps she wasn't that smart and just took it on the chin.

The second one is a direct challenge to your authority and a clear message as to who she thinks is boss in the place.

If it's only her then stick with it - do the process and go through the motions. If you've followed protocol then it will be open and shut. They are more than aware that EEOC is an opportunity to abuse your boss and it spoils it for those who genuinely need that recourse. (Like 'crying rape')

When the EEOC is completed (I presume she's complaining 'harrassment'), return to your agenda and show that you haven't been phased - but get an extra person in with you to discuss any further discipinary matters.

I'd specifically seek out someone in HR dept if you have one who will literally stand by your side during any performance management issues.

Congrats on the new job - ( I think!?) :wink2:

[FireStarterRN, BSN, RN]

It's unfortunate that people abuse discrimination laws like this, but unfortunately it is one tactic that some will resort to to avoid the repercussions due to them for their deficiencies. If management won't back you up that ties your hands, and the problems that you have found at this facility will continue. If this woman wins then you, the facility, and above all the residents have lost.

As a patient advocate I would have to make sure that management will fully back me up in disciplining this employee. If "walking on eggshells" means careful documentation, that's one thing; if it means not confronting deficient work, then that's unacceptable.

[achot chavi]

You are being tested, Stay calm and in control. Be consistent.

Med errors need to be written up. When you call a nurse on it, make copies of whatever is necessary first- before it can be "doctored" then call the nurse and in a NONJUDGMENTAL way point out her error. Have her call the doctor if necessary, remember that mistakes can happen. If this it the 4 th mistake in a month- thats serious, and required reeducation. Don't bother scolding- it will only come back to haunt you. Don't walk on eggshells but remember its your job and your neck (or license) on the line here.

Good Luck, I'm sure in time it will work its way out. After all YOU did nothing wrong!!!

[Nascar nurse, ASN, RN]

I agree with all of the above.

1. Make sure you have solid OBJECTIVE documentation to back you up.

2. From this point forward, ALWAYS have a witness in the room when you discuss anything further with this staff memeber.

3. Remember, YOU HAVE to hold others accountable, or you may have to defend your job, license and career in trying to explain why you knew about a situation and did nothing to correct it. As the "boss", if you know and don't fix you would also be to blame for any harm done to the resident. Ya gotta CYA.

4. Never let 'em see you sweat!:wink2:

Best Wishes!

[rolland542]

I have recently been promoted to the New Clinical Director of our Assisted Living Facility. I have worked for this company now for 3 years and have been in nursing for 20 years. Part of the problem with me accepting this position is I had to do a transfer from a "sister" facility so the employees do not know me. I have been there now for 3 months and I have not made a lot of changes but the ones I have made were neccessary. The employees have not been held accountable in the past and now I have implemented the attendance policy, which has not gone over well. I have been auditing their documentation, orders, MARS and TARS, etc... I have held two nursing meeting plus individual meeting with each employee to give them a chance to get to know me and my expectations, as well as me getting to know them. I recently had to write a nurse up for a med error; this is the second one I have found on her in the past week. With the first one I pulled her into my office and had a verbal discussion on the error, no write up occured just counseling. Up to this point she has been very willing to help me adjust to the position, willing to do what I have asked, but now with this second error I had to do the med error report and notify the doctor. When I called her into the office to discussion this second error, she became hostile, refused to sign the med error even though she admitted she made a mistake. Now I get the cold shoulder, attitude when I ask her to do something, and to top it off called into the General Managers office to let me know she has filed an EEOC against us. I was in shock so now I am told we need to walk on egg shells because of this. Is this what it has come to....This has nothing to do with race.....It has to do with being an advocate for the resident, to ensure they are safe and well taken cared for........Am I crazy?

The EEOC will do nothing for her unless of course you discriminated against her for race, national origin sex or age during the disciplinary process. Trust me, I filed not one but two complaints about actual discrimination against my national origin and they did nothing. If the discipline was warranted, it will stick. That's my two cents worth.

[freddiebear]

You say that you are new in a place where things were let go before you got there. Could be that in the past when nurses made med errors they were not disciplined. The EEOC may subpoena MAR's, etc. If they find that there were errors and the nurses were not written up for it there could be a problem. But the company would be held liable not you.

The EEOC could use the employee hand book to see if you followed the guidelines. If not there could be an issue.

You cant go back it is out of your hands what will happen with this employees complaint. I know from experience EEOC complaints getting proved up is almost unheard of.

From this day forward if there is an issue with an employee make sure you use the employee hand book, the facilities policy and procedures as well as the nursing practice act to guide your documentation and decisions. As long as you apply this to everyone equally you should be fine.

If employees had a supervisor that did not enforce anything and now has one that does it could be a major adjustment for them. Sometimes you cant blame the employees for the confusion.

[CapeCodMermaid, RN]

I make it a policy to never counsel or write anyone up alone. One DNS did that around here, the person freaked out and kicked her in the knee cap hard enough to break it!

[CITCAT]

I understand your situ need to get the facts of law iwth eeoc web site in your state hostile work enviornment is the most sucessful case i know of there must be a deeper reason maybe a change of floor or change of shift of change of days off stress is a big factor to is the medpass to long are there behaviors on thr floor with patients or certify nurse aids, could simply be maybe glasses this happened to me and found out my eyes were racing and i missed a spot so when i finially figured out what the problem was a new pair of glasses were the answer and checking my mar at end o each med pass and priortizing as i go along, maybe a inservie on time mangement for nurses with a box of donut and coffee or a nurse brainstorming session to find out how things can be done in a more effective cost containment,profesional way streamlining ,well good luck to you i would tell you my experienc e but in a internet world it would not be adviseable hang in there

[caliotter3]

Individuals would not resort to these tactics if the tactics had not been proved to work in similar circumstances. If the person uses this to win the situation, then they have won their personal war, and the next person will have an easier go of it. You are doing the right thing, in a considerate and professional manner. Continue, only from now on, as previously suggested, make certain you have a witness present when you deal with this employee.