New Grad released during orientation, HR uncooperative

[coolnurse42]

Hello Everyone,

Here's my story...I am a new grad and was released from orientation after 10 weeks on my first job. I was told that they didn't think I was a good fit. However, I was experiencing a hell-on-wheels preceptor who made my learning experience very tense. At week 8, I was given a unsatisfactory progress report (to my surprise) and told I had until the 10th week to turn it around. The progress report was in writing, however, there was no action plan.

From the beginning of orientation, I met weekly with the department educators. I discussed with them my experiences. They never expressed to me that there was concern from the preceptor about my performance. She complimented my performance early on, but progressively she became more and more impatient and interfered with my work, doing a lot of things that I could do for me. I asked for a new preceptor at the time of the progress report because of the way that I was being treated. I was told they would take that into consideration. They never did. So, my last two weeks were more intense with this preceptor. It seemed like a sabotage. She was just incorrigible. We get to week 10 and of course, they tell me to come in for a meeting with the Nursing Dept. administrator.

My department educators recommend me for a Med-Surg position. The administrator says they have coordinated with HR and there was an opening in a Med-Surg unit. I go to the interview and was told by that manager another more experienced RN was being considered (which I didn't believe). This week I was informed they chose someone else. Its been two weeks since I last worked. I asked my HR representative (via email) what is my employment status? He says that he can get me another interview when a position becomes available. I continued to ask him what my employment status is and he responds the system is down, so he can't verify. That was his last reply on Friday. In my state, you can apply for unemployment online. I submitted my claim.

My question is, has anyone ever received this kind of treatment from HR? It seems to me they are protecting themselves from a lawsuit. I am concerned that they will also return the claim to unemployment stating I am still employed. On the claim I listed my status as Lay-off, because I was never given a termination letter and have signed no termination papers. I also have money in my 401K that I need to withdraw pending my employment status reflects ended. I need to pay my bills. This has been the most unprofessional experience I have ever had in my life (I am second-career nurse)!!!

Thoroughly frustrated.

[ac3070]

Just wanted to say I'm sorry things didn't work out and that you're getting the runaround from HR. Be persistent and hopefully you can get the answers you need.

Good luck!

[NoviceRN10]

So you were hired for a position in a hospital but not to a specific unit? I don't think you qualify for unemployement after only working there for less than 3 months, unless you can claim against a different former employer.

[FlyingScot, RN]

To all you younglings....HR is NOT your friend. They are there to protect and preserve the hospital not serve as a resource for its employees. Do not trust them, do not tell them anything, do not expect anything from them.

[coolnurse42]

I was employed somewhere else before this job. In my state as long as you have been employed for the past 18 months, then you should be eligible. I've never been in a situation where HR is reluctant to give release papers. That was my concern....

[CrunchRN, ADN, RN]

Go see them in person....

[nurseprnRN, BSN, RN]

so... your preceptor started out well c you, and as time went by she became less thrilled c you, and eventually started doing some of your work. maybe it was because the patients needed care and you weren't getting it done, after several weeks of orientation?

the department nurse educators declined to reassign you to a different preceptor; sounds like they didn't think this was a personality conflict so much as a new grad who wasn't progressing as they expected. they have recommended you go to med/surg. were you in a critical care or specialty area? time management is so important there-- perhaps they felt that a stint in med/surg would give you time to work on that and the assessment skills you'd need to be better at to succeed in a specialty area.

remember that these people have oriented a lot of new grads together and have a benchmark idea of how well one should be progressing....and it sounds like you weren't making the grade, compared to your predecessors. hard fact, perhaps, but fits the description when seen from the other side.

i am sorry it didn't work out for you this time. keep trying for a med/surg position, remember that this too shall pass, and resolve to listen carefully to what you now perceive as unwarranted criticism. feedback is a gift; even if we don't always like it, we can always listen to it and learn from it.

[Esme12, ASN, BSN, RN]

FlyingScott is right....HR is not your friend. You will find that in the nursing world and hospital world that HR has the morals of alley cats and could care less about you. Depending on your state you were in a probationary peroid and they can pretty much do as they wish. Filing unemployment may get them off their butts......but they can also deny it and make you take the time to file a hearing, just to drag it out.

Department leaders don't want to hear that the ones chosen for precepting by them are lacking.....they were there first and will therefore, be right. They don't want to hear what a monster she is they want you to buck up and shut up and get the orientation done they want it.....or they will cut you loose. Fair? NO.....but a reality in most instances. There are good places, but they are hard to find. I am sorry you are going through this....Good Luck!

[netglow, ASN, RN]

All above is true. Healthcare is pretty unprofessional.

BUT, here is where they messed up. They have you in limbo. You are prepared to work. They have not terminated you, but you are not working and due to no notice and no fault of yours are unable to get a paycheck from them. The mistake they made was to try to drop you from your first unit - but fail to do it. Now, maybe they legitimately tried to place you elsewhere, but that did not work, yet they have not paid you or fired you. Your attempts to find your employment status from HR were met by the runaround. I am glad you did this via email. This email will be what you need for your unemployment case. I hope that this email contained the timeline details back to the first placement you had with the company. The HR's response to your email makes it evidence in your case. The unemployment agency will tend to side with you due to the ambiguity of your status. You cannot be a FT employee, yet not work and not receive income. They must release you if they wish to end your employment there. This is no different because you were on orientation. They must make a decision.

[Merlyn]

I hate to keep writing this but if they wouldn't give you a termination letter that keeps you from being employed elsewhere, get some legal help. It will light a fire under them.

[coolnurse42]

Thanks everyone for the all the GREAT advice.

1. Last week, I did initiate contact with employment lawyers that will give free phone consultations, since this is what I can afford right now. They guarantee a week turnaround for consultations. That's my follow-up for this week.

2. Yesterday, I sent another email to HR recapping the timeline of my last day of work in the department, the meeting with the educator department, the med-surg interview, and the date I was notified I did not get the position. The message concluded with a request to meet HR re: my employment status.

3. In the meantime, I am looking for a JOB elsewhere. I received another piece of advice on allnurses from a clinical educator who told me to negotiate for a positive or neutral reference from HR.

[coolnurse42]

Netglow,

I guess this question is really something for a lawyer to answer but I will ask anyway.

Is their intention to delay this decision so that I will request to be released? If I were to ask for the release papers or termination papers, are they no longer considered liable for wrongful termination?

From my perspective, the facts remain the same. My request for release papers are only for financial reasons.