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)!!!
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.
Well, I did receive a reply from HR. He only confirmed that I am released from the ED and that he didn't have any open positions at this time. He also said if I saw any positions to let him know and he can try and get me an interview. Go figure! There are other facilities within their system. At this point, I am reluctant to work with these people. But I need a job and the job market is insanely competitive for new grads!
My unemployment claim went thru with no problem. I went to the unemployment office with my paystubs. I will begin receiving benefits next week. Still waiting for legal advice.
I had an interview this week for an RN position at an agency for developmentally disabled adults. Basically, I'm just trying to stay positive.
Well, don't know about the law in your state. But in my state you can be terminated for a reason or for no reason. If your state is like mine, then that's the end.
Your situation prior was that you were in limbo and were legally employed full time, but receiving no compensation or work, and you were available to work. Now it seems this has been resolved. Your unemployment claim has been approved. I would see if that check comes through for your unemployment. If it does, then you just need to keep looking for a job, your previous company would no longer be at fault in my eyes.
Nurse SMS, MSN, RN
6,843 Posts
I don't see any case for wrongful termination here to be honest. At worst they are trying not to have a claim put on their work comp insurance.