More than 10 years with the hospital, always good yearly evals. New manager. So, out with the old, in with the new, on the charge of not following the "values."
I'm so hurt, and angry, and scared. No insurance. Unemployment is not close to enough to pay the bills. And who wants an old RN?
They own the county. I can't handle LTC. So, I am applying at the stores and pharmacies for anything full-time, but think that the only thing that I will probably be offered will be a "greeter" position.
I guess I am just looking for validation as a decent human being, and as a good nurse.
Apparently, some people had the perception that I was rude, and displayed
"unprofessional behavior," as well as "not managing up her new mandates."
First time I was reported, I was "written up" by
the new boss, I was extremely surprised and hurt, as it was totally
unexpected. There was strong encouragement to find employment
elsewhere, also. Second time was based on how I made another staff
person feel inadequate - instead of talking to me, she reported me, so again,
a surprise, and very hurtful to be written up on the basis of gossip.
Again, encouraged to seek work elsewhere. Third time was the charm - CNA
reported me for saying that I disliked working with people who didn't do their
jobs. This apparently was verified by two other CNA's. The disciplinary
steps were not followed, either. So, there you go.. Sounds
unreal and unfair, doesn't it?? In the space of 6 months, I go from being a
valued, excellent employee for many years, to being persona non grata. I
am appealing, and asking that they expunge the write-ups from my records.
These are subjective. "the perception that I was rude?" What evidence do they have of this? What behaviors did you display? CNA's reported you for saying you don't like to work with people who don't do their jobs. Well, nobody who does their job likes to work with people who don't. Right?
From the EEOC, this site --link at bottom-- is very user-friendly, easy to browse. It encompasses everything you need to know about filing a claim with the EEOC against an employer for age discrimination and unfair hiring/firing practices. It includes a section for employers, as well as employees. Filing a claim will lead to an investigation, and possibly a lawsuit from the EEOC if there is enough evidence.
"...The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment..."
One of the ways my employer instigated "Operation Clean House" and avoid legal problems with the union or otherwise, was to initiate the process by offering early retirement packages to those over 50. Along with the "brown packets" handed out en masse, there was a thinly veiled threat in the company newsletter that if you declined the early retirement, your job was still not secure. A lot of nurses took the bait rather than face a protracted layoff battle. For their cooperation, they received a lousy three months salary as a severance package. I was told they also had to sign a statement saying they would not come back and sue the hospital, if they accepted the early retirement package.
The devil is in the details. The reason it is so difficult to prove age/wage discrimination, is found in a link at the bottom of this particular link below. It's called the RFOA or, "Reasonable Factor Other than Age." It is filled with legal loopholes that allow employers to sidestep the real issue they are getting rid of their higher paid/older RN's. All they need to do is document, and manipulate the details. It's how they got the OP of this thread.
A nurse my hospital had been after for a while, they finally got on the grounds she took home a 15 cent syringe to give her cat insulin (in an emergency situation). Hey, she stole company property, right?
Read this page from the EEOC site, it's an easy read and well worth your time:
Please, first off, DO consider filing a grievance AND finding an employment lawyer.
TOO MUCH OF THIS IS BEING DONE IN HOSPITALS THROUGHOUT THIS COUNTRY.
Unjustly terminating GOOD, veteran nurses and ultimately replacing with younger nurses who can be paid less.
Same happened to me.
I REGRET not having pursued it legally.
And please remember, it IS NOT YOU.
Send me a message if you wish.
This is totally true. See a lawyer if you can. Age - if that is the factor, is covered under EEOC. They may try to make it about something else. File an EEOC complaint ASAP.
Truthfully I think any one of us are expendable and could be fired without cause. The fact that she is getting unemployment means they didn't have a true cause for firing or her unemployment would be denied. It seems getting rid of older employees is common practice not just for nurses but in many fields. She could make a complaint to the EEOC re age discrimination and hopefully can get some compensation. I don't know if they could help her get her job back or some financial compensation, but it is certainly worth a try. Unfortunately the Supreme Court has made it harder to win age discrimation cases in a recent ruling setting the bar higher to proving it was really age discrimination.
If you are unionized they cannot fire you without cause which is one of the many benefits of working at a unionized hospital, however, I don't believe that alone could protect you because if management wants you gone they will target you and start writing you up over little things. None of us are immune. Therefore creating a sizable emergency fund should be a top priority. The emergency fund protects you from any number of things, sickness, layoff, termination or some car or home repair.
I would suggest working for a temp agency until she is able to find another benefited position.
There was a new manager where I work who started doing this to certain staff and even went so far as to try to get the HUC to go thru the charts trying to find errors of the nurses to report back to her. Unbelievable but ludicrous as the HUC is not an RN, how would they even know what to look for. The HUC left transferred out rather than go along with this. I have no doubt she enlisted the CNA's in her plot as well. Well karma's a ***** and one day the manager came to work and was told her job was gone and if she still wanted to work she would have to take a transfer to another dept! She left soon after.
What I'm curious about for those who've been fired or know of someone who has been fired what happens to your pension? Do you lose it or are you allowed to keep it or do you have to get a lawyer to hold onto your pension?
Also if you are fired and they fight your unemployment but you appeal and are given unemployment do you have the legal ability to get health insurance thru HIPPA (COBRA) or is that denied the moment they fire you?
You must have worked for Banner Healthcare. They use the catch phrase of 'not meeting core values' as a method of firing the older, more experienced nursing staff. They should all be ashamed of themselves! I see this happening so much and it's embarrassing to the profession of nursing! The younger, less expensive and less experienced nurses are being put into positions of power which they have not earned!!! Those of us who have been in the trenches for a long time work every day, wondering if we're going to have a job tomorrow. Worse yet, is the risk to the patients by not having us on the floor. Those young, inexperienced, robotic minds cannot see passed the physician's orders to the patient. They blindly carry them out, not contemplating that there may be an error. Those of us who manage to remain below the radar and above the firing line do whatever we can to keep ourselves looking young, just to hang onto our jobs. Guess the old phrase of 'nurses eating their young' doesn't apply anymore. Now, it's 'nurses eating their elders'. God bless you and I hope you find something soon. Just a suggestion; ever thought of working as a nurse consultant?
ProgressiveActivist, BSN, RN
670 Posts
On a side note, let's out these hospitals who treat their dedicated nurses like this!
Forget JCAHO, MAGNET and that award for excellence crap. We'll tell it the way it really is.
" Worst places for experienced nurses to work" or
"GO HERE IF YOU WANT TO DIE."