Please Advise

[Acuragsx]

Hey guys,

My wife and I had an episode a couple of days ago and felt we needed some advice from other nurses out there around the US. The story is a bit embarrassing but I'm sure you all will provide some great advice.

Two days ago, my wife went in to work as a CNA at a nursing home here in town. Upon walking to the front door, a friend stopped her and told her she was going to be suspended (with pay) for the day. Upon going into her place of business, her boss pulled her into his office and stated a resident had claimed she had touched him inappropriately during a bath. She understood that due to policy, she had to take the day off for them to investigate, and told her boss she understood. However, on the way out, she ran into another CNA who asked her if she had an old man fetish. After the comment, all of the other nurses and CNA's started to laugh.

Needless to say, my wife came home in tears trying to describe what had just happened to her but was to upset to even speak. After finally calming her down, I was able to put the story together and help her to decide a course of action. Based on a few phone calls, we realized that a nurse had gone around telling every worker there what had happened on day shift while trying to find out what nurse it was based on descriptions.

The next day, she was required to fill out a report on what had happened. I had her go into her bosses office and start out by filling the report out so the information was fresh on her mind. Upon filling this out, I had her ask her boss why this incident was handled publicly rather than confidentially. Immediately he snapped back at her saying that they needed to let the nurses and CNA's know so they could find out which nurse was being accused. When she told him that his actions had made it hard on her in the workplace due to comments, he stated, "Do I need to send you home". After this, she realized that he was extremely defensive about the actions he took and she decided to let it go until she had a chance to speak with me. Before she left the office, she asked if she could have a copy of the report for her own records and was told she had no business with it.

That night, she found out that they were telling all the nurses and CNA's what the elderly man had accused her of. From what her friends said, her name was specifically used in several jokes between the nurses. With her being suspended for the day, it was also going around that she was being punished because she was guilty as charged.

Now, my questions to you are:

Is this a form of sexual harassment for going public and accusing my wife before she was even informed?

Is this employer required to give her a copy of this report?

Is there anything she can do to clear her name?

What negative effects would come from her quitting and finding alternative employment?

Absolutely any advice would be greatly appreciated!

Cheers.

[purple10]

yes yes and yes.

yes the comments that the coworkers are making to and about her are sexual harrasment.

I believe by law she is entitled to atleast look at the report.

Did they even interview her to find out what her side of the story was?

Did she sign anything saying that she admits to doing it?

Please check your employment laws in your state as to if this was handled correctly.

She can quit and on employment apps she can state hostile work enviroment as a reason for leaving.

You never did say what her side of the story was, I am interested in what happened

[GHGoonette, BSN, RN]

I would see a lawyer, resign and sue for defamation of character. I'm not too sure about the sexual harassment bit, unless these were male nurses making the comments; however, the previous poster seems pretty certain about it. This is one of the things a lawyer can advise you on.

Allowing libellous stories to be spread about an employee, without even conducting a proper investigation, is a screaming siren, complete with flashing red and blue lights, indicating that this is a very BAD manager. I would suggest that you accompany her to his office and observe while she "requests" a copy of the report; should he refuse, and threaten her again, insist that he indicate his refusal in writing. If he still doesn't cough it up, leave it to the lawyer, who will undoubtedly request it via subpoena.

[Acuragsx]

Her side of the story is simple. The man is a cancer patient. He is unable to bath on his own thus needs the assistance of the CNA's. Though the day of the accusation, she wasnt even the nurse conducting the bath (She was applying lotion to his legs as the chemotherapy dries his skin), she was still the one accused. However, she has stated that in the past that due to being uncircumcised, the CNA's are required to pull the foreskin back in order to clean his genetil region. This could easily be where the complaint came about. That's her side of the story.

The sad fact is she loves her job. She loves her residents and truly enjoys going to work each and every day. However, after these comments and accusations, she dreads it everyday. As for speaking to a lawyer, thats an option we've discussed taking. But, we wanted to make sure we even had a case before consultation.

[GHGoonette, BSN, RN]

Her side of the story is simple. The man is a cancer patient. He is unable to bath on his own thus needs the assistance of the CNA's. Though the day of the accusation, she wasnt even the nurse conducting the bath (She was applying lotion to his legs as the chemotherapy dries his skin), she was still the one accused. However, she has stated that in the past that due to being uncircumcised, the CNA's are required to pull the foreskin back in order to clean his genetil region. This could easily be where the complaint came about. That's her side of the story.

The sad fact is she loves her job. She loves her residents and truly enjoys going to work each and every day. However, after these comments and accusations, she dreads it everyday. As for speaking to a lawyer, thats an option we've discussed taking. But, we wanted to make sure we even had a case before consultation.

I assumed it was something to do with cleaning the genital area, but I find it extremely suspicious that she was not even involved in bathing the patient on this day. I think you have a definite case, and would be very interested to hear the lawyer's take on it. She sounds like a very gentle, sensitive person and I am deeply distressed that she has been put through this.

[llg, PhD, RN]

Talk to a lawyer before doing anything. Don't make assumptions about anything until you get proper legal advice.

[Simply Complicated]

Harassment of any kind is illegal, doesn't have to be just sexual. She has a right to privacy, any sort of investigation should have been kept confidential. It would have been very easy for the manager to find out who cared for that patient without providing any details at all.

I'm sorry that she is being put through this. I would be looking for another job regardless. I sure wouldn't want to work in an environment like that.

[wooh, BSN, RN]

I'm not going to comment on the legal or HR implications, because I'm not an expert on either (and would hope one would get legal advice from somewhere other than the internet.)

Most hospital units and LTCs are small worlds. NOTHING stays confidential, especially if something has to be investigated. And quite honestly, if a patient I might have to care for had accused someone of this sort of misconduct, I'd want to know so I could protect myself. So really, the unit needs to know that he's accused someone, and assuming her coworkers aren't idiots, it's not hard to put 2+2 together to figure out it's the person that got sent home.

I totally understand that the accusation sucks. But I can almost guarantee that if anyone believed the allegation, they wouldn't be joking with her about it. I'm betting it's their way of saying that they're on her side, making light of it because they believe it's too ridiculous to take seriously.

I got accused of hitting a little old man. The truth was that I took his cane away from him because he was swinging it at the tech. Then when he started to lose his balance and fall, I put my arm behind him to guide him into the chair instead of him falling backwards and hurting himself.

I was livid. There of course was investigation. They had to ask the staff in the room with what happened (which included a few nurses and a couple of techs.) So of course everyone knew. A few people joked, things like, "So which of our old guys you going after tonight?" The timing could have been better. Since I'd just found out what I'd been accused of, which totally killed my feeling of success in getting everyone out of that room with the only injuries being what the tech had received from before I got to the room. It was still a bit raw. But these were the people that had my back as we get through the night. They didn't mean they thought I beat up old men, they obviously knew that I didn't. Heck, I was the Alzheimer's Whisperer. I could get the most disoriented to calm down. They joked because they knew the accusation itself was a joke.

I can understand your wife being upset. I really can. But try to give the benefit of the doubt. I'd be more worried about her reputation if everyone was keeping hush about what happened.

[Medic/Nurse, BSN, RN]

Good advice so far --

L-A-W-Y-E-R

Get a lawyer in employment and discrimination - and given the traction this has gotten for no reason (cause there is no reason that this should have ever been disclosed) I'd be concerned that a BON type complaint may be in the works as the NH will scramble to protect itself - there are lawyers that advertise in many BON mailings that do the very type of work you will need and are used to dealing with nursing professionals.

It may cost a bit - but at this point there still may be more to lose - so perhaps a good investment.

I suspect that this nursing home has a parent corporation (most of them do - it is a business after all) or answers to someone. I'd make sure the lawyer stared there and ended with a jury in an ideal world.

Good LUCK.

:angel:

[carolmaccas66, BSN, RN]

I don't have time to read all the other comments but if ur wife has been publicly slandered, was not give a copy of the report, & there were no witnesses, it is all just hearsay. I used to work with lawyers (though I'm not one) who handled these types of cases & if u went to see one, I can just see them rubbing their hands together, anticipating how much they will make.

Does the resident have dementia, or any other history of mental illness? Does he have a fondness for women bathing him? (women/men that harbour sexual thoughts re carers, or who inappropriately touch carers etc, quite often cry wolf), this is not uncommon. They figure they will get people on their side b4 a complaint re them goes through.

She is entitled to any copy of any report (for her legal defence). Also how can admin say it is not her business? They're complaining about her!

Someone is pretty much out 2 get her I would say. Can she deal with this then quit, I'm sure she will find something else. I would not want to work with co-workers who laughed at me, how awful for her.

Go see the HR department (if there is one) and complain re her treatment. Go with her. Also go with her to that admin person, and I would personally tell them exactly what I think of them - I've done this b4 & it's very satisfying!

Also, with HR law, I also thought she would be allowed to have a representative during any meetings called - that is her right.

Find out ur rights & get legal advice. I wouldn't stand for this myself.