Published Aug 19, 2012
selebra
15 Posts
Hi! I was wondering what the wisest course of action for me is. I was fired two days ago because I allegedly did not give a pain medication when the family asked me for it. This is incorrect. I gave it within 30 minutes, after I called hospice and made sure that it was okay to give it and had assessed the patient. The patient had a scheduled dose due within an hour plus an anti-anxiety med and I did not want to overmedicate them. I was told that this is not acceptable and that I should have known that it was okay to give the pain medication right away based on the prn order that was on the chart. The scheduled med is every 4 hours and the prn med is also every 4 hours (same med). This was a little confusing. I wasn't sure what course to take. Well, in the end, I was told that they had done a thorough investigation and that they could not find that I had given the pain medication at the time I said I gave it. The prn medication sheet has somehow disappeared (the one I documented my administration on). They also failed to check the narcotic sheet which shows that I gave it in a timely manner. What can I do now? I feel that I was unjustly targeted. Do I have a case for wrongful termination? Does anyone have similar experiences? I am in a at will state. Can I get unemployment benefits based on the false accusation?
TRAMA1RN
174 Posts
At will employers can fire you for no reason at all, get a lawyer to handle your unemployment. You probably will not get unemployment. Do not be surprised.
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I should probably also ask: How do I bounce back from this? My reputation is on the line. I've only been a nurse for a year. I have frequently felt that I did not get the support I needed at this facility and had to learn how to do my job many times on my own. When I asked questions, I was told "what do you think" and not in a nice way. I only had a total of 7 days of orientation. This latest episode is the culmination of a very difficult year. It is discouraging. I am determined though to continue. I worked too hard to let this slow me down. I just don't know where to go from here. Will the lawyer challenge the termination? I'm not even sure I can afford a lawyer.
Davey Do
10,608 Posts
Do I have a case for wrongful termination? Does anyone have similar experiences? I am in a at will state. Can I get unemployment benefits based on the false accusation?
I have been terminated from a couple of different places and have recieved Unemployment Benefits due to Wrongful Termination.
An Unemployment Ajudicator will hear your case and will rule on it. If you lose, you can appeal.
Feel free to PM me if you want to discuss details, selebra.
Good luck to you.
Dave
Jory, MSN, APRN, CNM
1,486 Posts
Folks, there seems to be a major misunderstanding of what an "at-will" state is.
At will...means they can fire you for any reason. However, the problem always starts WHEN THEY GIVE YOU A REASON..if you get unjustly accused of something and they TELL YOU what the reason is and it is not true, then the employer has opened up an opportunity for a legal mess.
Yes, the OP has a case...I find it odd that the documentation that supported her claim "suddently disappeared". They are required to keep up with the materials that are included in the patient's chart. If you gave it to them and they lost it, then that is their fault....not yours. I have a feeling it didn't disappear at all.
No way would I let that drop.
jadelpn, LPN, EMT-B
9 Articles; 4,800 Posts
Sounds to me OP like the orders were not clear. And you did the right thing calling for a clarification. Does someone witness your narc removals? Is there a Pyxis type machine? What was the narc count? I also would not let this drop.
Thank you everyone! These posts have been very encouraging. I've been reading other posts too where members have told others in similar situations to not be afraid to question something. The day you stop asking questions is the day you become a dangerous nurse. I know I did the right thing. Now, I need to fight for unemployment.
The count is always double checked at the end of the shift and there is no Pyxis unfortunately. Anyone looking at the sheet would be able to tell if I gave it or not though. The time ALWAYS has to be written down. Two things that were noted against me - someone complained that I did not give it until 2000 and they thought that I should not have questioned the prn order at all - as a result, the "patient waited too long". In other words, I should not have assessed the patient and I should have given the medication regardless of what the adverse side effects may have been!!!! Apparently, this is standard with hospice patients?????!!!
BrandonLPN, LPN
3,358 Posts
This is why I refuse to work in a non union facility. I doubt your getting fired has anything at all to do with this PRN med issue. Someone, for whatever reason, decided they just didn't like you so they just pulled this out of their hat. I have friends who worked at non union facilities who got fired for missing a couple initials in the treatment book. Of course it had nothing to do with that. They were good nurses. Many managers in LTC just have trigger fingers when it comes to firing. If they feel you don't "click" they can and will trump up any BS charge they want. Try to find a union position somewhere. The union would have protected you on this one...
RainMom
1,117 Posts
Well, in the end, I was told that they had done a thorough investigation and that they could not find that I had given the pain medication at the time I said I gave it. The prn medication sheet has somehow disappeared (the one I documented my administration on).
Seems to me, if the med sheet is missing, they cannot conclude that the med was given in a timely manner or not. They know that it was given or else the family would be complaining that you withheld pain meds rather than just being slower than they liked.
jacquelyn.
14 Posts
This just sounds awful. I hope you figure it out. I'm sure you will find another facility that will support you rather than blame you.
traumaRUs, MSN, APRN
88 Articles; 21,268 Posts
As an aside, hospice pts are treated differently as to end of life meds. Many policies that are in effect for non-hospice pts are thrown out the window for hospice pts. Is there more to this story? Sounds like you did assess the need for the prn med but maybe not as quickly as family thought it should be?