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Retaliation for voicing concern over unsafe pratices
I think we should start a chronicle of incidents where nurses are retaliated against for speaking up, acting in best interest of patients, organizing, etc. This way we can use these accounts to take to our legislators, administrators, newspapers and anyone else who will hear us to help support our cases. If they are all in one place, factually and thoughtfully written then it will be a great tool for us. Yeah, I would agree with you RN Power Ohio- although posts with ID's or specifics can't be posted here (as I've learned through trial/error =) )- people would have to be willing to send info via PMing. I have often thought about having a group of however many people call the same number of a well established media figure once a day, for a 30 day period, asking for them to run a story about retaliation in the medical field, or what really happens behind closed doors once someone blows a whistle. If a habit is created in 30 days... wouldn't "the media" finally listen to us after being contacted/messages left by numerous nurses, etc after 30 days? I sent my "story", and copies of my suit, letters, etc on CD to several politicians, and well recognized figures in the media- but went unheard. One RN is not even a squeek in the wheel... it would have to be SEVERAL, MANY, NUMEROUS different people to make a squeek, and many more to make it loud enough to create such a noise that "they" can't help but listen, and elicit change! That's honestly what I think it will take for laws across ALL states to make unified changes, in order to protect those who stand up for safety/lives. I don't think it's "fair" for different states to offer different levels of protection. The government employees have MAJOR protection, and even have a place to call that handles retalitatory complaint specifically... why is that? We are saving LIVES, yet where's our Federal number to call?
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Retaliation for voicing concern over unsafe pratices
I came across TNNurse's post from last November today, and felt compelled to check in- to give a brief update on the status of my own case, and to see how others were doing post-termination, post-mediation, post-settlement, post-blowing the whistle. Well, my case is moving right along. At times, it feels as though it's moving slow... I suppose this is the "calm" before the storm kind of thing. During the holiday season my case seemed to be on everyone's back burner but mine. If anyone reading this post is just starting the "unfortunate" journey of dealing with the whiplash from patient advocacy, just remember to prepare yourself for peaks and valleys. There will be many of them! A few times, I have found myself second guessing my decision. I think that's only natural... right? As my mind momentarily steps outside of the body, and I look at my life over the past two years... and I am so often amazed at how long this process has taken, how much longer it will take, and how much time, as well as energy I have lost due to simply blowing a whistle. This all could have... should have been avoided, had administration handled it differently. I can easily feel sorry for myself, for my loss of a marriage, my children's loss of an intact family-unit, and of "quality time" with eachother. I can mourn my own losses of innocence, emotional well-being, and energy. While my heart, and mind begin it's healing process, I sometimes ask myself if what I gained in wisdom, is worth all I had lost in spirit. If I could go back in time and do it over again... would I? Would I defend that friend that no longer stands beside me, or the patients who know no better. Would I pick up that whistle, and just blow? Honestly- I don't know what I would do. I would like to think that if I had to do it over again... I WOULD. But would I really? Honestly... the answer changes day to day. I do not know... If you've walked in these shoes, I'm sure you understand, and if you haven't... I hope you never do. The process of "the system" has a way of weakening even the most strong. I say that as a forewarning... not as a deterrant. I AM a strong individual... there is no doubt I am strong even still. Yet as I say that, I will also admit that within me, my spirit has been affected, it will always be affected, and I will probably always wonder "what if". Even when I feel the "umph" in my triumph- I will still wish to have never gone through those lonely valleys that "blowing a whistle" dragged me through. The patient, whose untimely death lead to my termination is gone, his family has moved on, and they think nothing of the fact that I lost my job for speaking up because their husband/father died due to gross negligence. Rather than becoming MAD at the hospital, they are loyal to the community, and the catholic organization that the hospital hides behind. So, I do wonder- why did I defend, when they don't even appreciate or recognize the efforts made in hope of preventing it from happening to others? If I care, but they don't... who helps keep the torch lit? Who helps "pass it on"? Who- besides a select few really cares not only about our own lives, but the lives of others? It can be a very discouraging time when you hit a valley, and the climb up can feel very steep. Be prepared, and don't get discouraged. =) Realistically, I know that if the family KNEW the truth... they would be very angry, and they too would blow a loud whistle!! They would sue anyone, everyone, someone! They would be completely disgusted if they knew just how much their loved one actually suffered! If they knew that he was innocently annoying a nurse, and therefore given meds to "shut him up"- they would be mad! If they knew he was never defibrilliated because the pads were not on the crash cart... If they knew DHS didn't think it odd enough to investigate how it could be possible to have an ICU patient die, and yet, not have ONE rhythm strip of the entire event in his record... (in case you're not an ICU RN, every patient in ICU in on a 24/7 monitor)... If they knew there were safety concerns brought to the level of the CEO's prior to his admission... If they knew how much blood flowed from his body, onto the floor... If they knew the nurse that negligently gave him sedation called out for her union rep rather than calling out for mercy during his departure, is still working as a nurse, and at that hospital... If they knew... They would be so mad. But, the fact is... they don't know... and quite frankly- I don't think many families really want to know the truth... because if they did, I think laws to protect medical whistleblowers would already be in place. The discipline would be much harsher, much swifter than what it is now. Our cases would be heard in a timely manner, and rather than going through "the system" at a snails pace, the wrongful death cases, malpractice cases, retaliation for whistleblowing cases would be expedited through the courts, so that by the time the case was heard, the truth would still be told with the same amount of passion, and conviction... because it would still be fresh in the minds, and hearts of everyone involved. If you are reading this thread, it either because you are fighting a healthcare system who think they are unbeatable, you have fought the hospital who thought they were unbeatable, or you see a need for change in the "healthcare" system, and don't know if they're beatable or not. Well, I'm still holding on to faith... so let's hope baby steps do make a difference. =) As I stated, my case is moving right along. We did have a "settlement conference" over a month ago, and the hospital offered a substancial amount of money. From what I understand, it was likely more money than they've ever had to pay any other employee who has sued them in the past. Hmmm... does that make me feel vindicated? How you place a dollar figure on a lost marriage, lost time with children, loss of a carefree spirit, and a career? I have no clue how I even came up with a monetary figure; I never thought it would be possible to put dollars on my emotional losses, but I finally reached enough of a healing point to be able to do the inevitable. Let me start off by saying that a year ago... the figure in my mind, and heart was 400 times greater than what it was when I entered the settlement conference. They should have considered themselves lucky... BUT- there was no meeting of the minds that day, and therefore- I will allow a jury of 12 to decide for all of us what is "fair", and "just". =) Either way, I consider it a victory thus far, and my fight isn't even over yet. We are preparing for trial, still doing depositions... and WOW are those so incredibly hurtful to their case! The HR director has moved hundreds of miles away, the CEO has moved out of state, the manager "left" the building (rumor is she was fired), the assistant manager moved to another department, the employee in charge of medical records resigned her position, nurses have transfered out of the department, another employee filed a complaint with a EEOC for retaliation against her due to being my witness, and people I've never even met before know my name. "ROAR" =) If this ends by trial... that would be okay with me. Even if after trial, they drag it on another year... two... three... by appealing the decision- I would be okay with that too! In case you don't know what happens when a lawsuit is filed, let me briefly fill you in: when a person files suit (in this case, against the hospital who has done a significant amount of medical record alterations, AND more)... EVERY patient record, EVERY nurse's name, EVERY given testimony, EVERY piece of evidence loses it's right of privacy, and is OPEN to the public. So... Every RN who aided in the alteration of documents, and/or retaliated will be on record as evidence to bring to the BRN. Every page that was altered on the patients record will be part of the public record. There is no HIPPA to protect confidentiality when a suit is filed. Full names (patients names are redacted from the medical record, but the actual record is placed on file), facts, documents... all truths are open to the public. So- in the loooong run... ANYBODY following my suit... who sues the hospital will be able to use MY case against the hospital to help their case. The hospital's credibility would be put into question because they are... after all... the hospital who "alters patients records".... Also, the freedom to tell my "story" without a gag-order hanging over my head is worthy of serious consideration. When you settle out of court, you agree to "shut up". Like TNNurse, I think seriously about self-publishing my experience. The details of the torture they put me through, or the manner in which patients suffered due to their actions would be "nameless" rather than attached to it's rightful owners if a settlement were to be reached. The blatent disregard for life, the respect for privacy, the alterations of medical records, time cards, and employees files are nameless... private if I settle outside of the courtroom. Another change in my life is that I've recently obtained my CLNC. I am now trying to make a difference by working alongside attorneys, to help patients AFTER the suits are filed... Ironic isn't it? I can HONESTLY say that the terrible things my previous employer put me through, is also what has given me the expertise for my new career! I am so GOOD at researching medical stuff, investigating backgrounds, examining medical records, hospital policy and procedures, standards of care, etc... As the saying goes... At the end of every rainbow is a pot of Gold, and in every cloud there is a silver lining. =) I'll keep you posted. =)
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Retaliation for voicing concern over unsafe pratices
I came across TNNurse's post from last November today, and felt compelled to check in- to give a brief update on the status of my own case, and to see how others were doing post-termination, post-mediation, post-settlement, post-blowing the whistle. Well, my case is moving right along. At times, it feels as though it's moving slow... I suppose this is the "calm" before the storm kind of thing. During the holiday season my case seemed to be on everyone's back burner but mine. If anyone reading this post is just starting the "unfortunate" journey of dealing with the whiplash from patient advocacy, just remember to prepare yourself for peaks and valleys. There will be many of them! A few times, I have found myself second guessing my decision. I think that's only natural... right? As my mind momentarily steps outside of the body, and I look at my life over the past two years... and I am so often amazed at how long this process has taken, how much longer it will take, and how much time, as well as energy I have lost due to simply blowing a whistle. This all could have... should have been avoided, had administration handled it differently. I can easily feel sorry for myself, for my loss of a marriage, my children's loss of an intact family-unit, and of "quality time" with eachother. I can mourn my own losses of innocence, emotional well-being, and energy. While my heart, and mind begin it's healing process, I sometimes ask myself if what I gained in wisdom, is worth all I had lost in spirit. If I could go back in time and do it over again... would I? Would I defend that friend that no longer stands beside me, or the patients who know no better. Would I pick up that whistle, and just blow? Honestly- I don't know what I would do. I would like to think that if I had to do it over again... I WOULD. But would I really? Honestly... the answer changes day to day. I do not know... If you've walked in these shoes, I'm sure you understand, and if you haven't... I hope you never do. The process of "the system" has a way of weakening even the most strong. I say that as a forewarning... not as a deterrant. I AM a strong individual... there is no doubt I am strong even still. Yet as I say that, I will also admit that within me, my spirit has been affected, it will always be affected, and I will probably always wonder "what if". Even when I feel the "umph" in my triumph- I will still wish to have never gone through those lonely valleys that "blowing a whistle" dragged me through. The patient, whose untimely death lead to my termination is gone, his family has moved on, and they think nothing of the fact that I lost my job for speaking up because their husband/father died due to gross negligence. Rather than becoming MAD at the hospital, they are loyal to the community, and the catholic organization that the hospital hides behind. So, I do wonder- why did I defend, when they don't even appreciate or recognize the efforts made in hope of preventing it from happening to others? If I care, but they don't... who helps keep the torch lit? Who helps "pass it on"? Who- besides a select few really cares not only about our own lives, but the lives of others? It can be a very discouraging time when you hit a valley, and the climb up can feel very steep. Be prepared, and don't get discouraged. =) Realistically, I know that if the family KNEW the truth... they would be very angry, and they too would blow a loud whistle!! They would sue anyone, everyone, someone! They would be completely disgusted if they knew just how much their loved one actually suffered! If they knew that he was innocently annoying a nurse, and therefore given meds to "shut him up"- they would be mad! If they knew he was never defibrilliated because the pads were not on the crash cart... If they knew DHS didn't think it odd enough to investigate how it could be possible to have an ICU patient die, and yet, not have ONE rhythm strip of the entire event in his record... (in case you're not an ICU RN, every patient in ICU in on a 24/7 monitor)... If they knew there were safety concerns brought to the level of the CEO's prior to his admission... If they knew how much blood flowed from his body, onto the floor... If they knew the nurse that negligently gave him sedation called out for her union rep rather than calling out for mercy during his departure, is still working as a nurse, and at that hospital... If they knew... They would be so mad. But, the fact is... they don't know... and quite frankly- I don't think many families really want to know the truth... because if they did, I think laws to protect medical whistleblowers would already be in place. The discipline would be much harsher, much swifter than what it is now. Our cases would be heard in a timely manner, and rather than going through "the system" at a snails pace, the wrongful death cases, malpractice cases, retaliation for whistleblowing cases would be expedited through the courts, so that by the time the case was heard, the truth would still be told with the same amount of passion, and conviction... because it would still be fresh in the minds, and hearts of everyone involved. If you are reading this thread, it either because you are fighting a healthcare system who think they are unbeatable, you have fought the hospital who thought they were unbeatable, or you see a need for change in the "healthcare" system, and don't know if they're beatable or not. Well, I'm still holding on to faith... so let's hope baby steps do make a difference. =) As I stated, my case is moving right along. We did have a "settlement conference" over a month ago, and the hospital offered a substancial amount of money. From what I understand, it was likely more money than they've ever had to pay any other employee who has sued them in the past. Hmmm... does that make me feel vindicated? How you place a dollar figure on a lost marriage, lost time with children, loss of a carefree spirit, and a career? I have no clue how I even came up with a monetary figure; I never thought it would be possible to put dollars on my emotional losses, but I finally reached enough of a healing point to be able to do the inevitable. Let me start off by saying that a year ago... the figure in my mind, and heart was 400 times less than what it was when I entered the settlement conference. They should have considered themselves lucky... BUT- there was no meeting of the minds that day, and therefore- I will allow a jury of 12 to decide for all of us what is "fair", and "just". =) Either way, I consider it a victory thus far, and my fight isn't even over yet. We are preparing for trial, still doing depositions... and WOW are those so incredibly hurtful to their case! The HR director has moved hundreds of miles away, the CEO has moved out of state, the manager "left" the building (rumor is she was fired), the assistant manager moved to another department, the employee in charge of medical records resigned her position, nurses have transfered out of the department, another employee filed a complaint with a EEOC for retaliation against her due to being my witness, and people I've never even met before know my name. "ROAR" =) If this ends by trial... that would be okay with me. Even if after trial, they drag it on another year... two... three... by appealing the decision- I would be okay with that too! In case you don't know what happens when a lawsuit is filed, let me briefly fill you in: when a person files suit (in this case, against the hospital who has done a significant amount of medical record alterations, AND more)... EVERY patient record, EVERY nurse's name, EVERY given testimony, EVERY piece of evidence loses it's right of privacy, and is OPEN to the public. So... Every RN who aided in the alteration of documents, and/or retaliated will be on record as evidence to bring to the BRN. Every page that was altered on the patients record will be part of the public record. There is no HIPPA to protect confidentiality when a suit is filed. Full names (patients names are redacted from the medical record, but the actual record is placed on file), facts, documents... all truths are open to the public. So- in the loooong run... ANYBODY following my suit... who sues the hospital will be able to use MY case against the hospital to help their case. The hospital's credibility would be put into question because they are... after all... the hospital who "alters patients records".... Also, the freedom to tell my "story" without a gag-order hanging over my head is worthy of serious consideration. When you settle out of court, you agree to "shut up". Like TNNurse, I think seriously about self-publishing my experience. The details of the torture they put me through, or the manner in which patients suffered due to their actions would be "nameless" rather than attached to it's rightful owners if a settlement were to be reached. The blatent disregard for life, the respect for privacy, the alterations of medical records, time cards, and employees files are nameless... private if I settle outside of the courtroom. Another change in my life is that I've recently obtained my CLNC. I am now trying to make a difference by working alongside attorneys, to help patients AFTER the suits are filed... Ironic isn't it? I can HONESTLY say that the terrible things my previous employer put me through, is also what has given me the expertise for my new career! I am so GOOD at researching medical stuff, investigating backgrounds, examining medical records, hospital policy and procedures, standards of care, etc... As the saying goes... At the end of every rainbow is a pot of Gold, and in every cloud there is a silver lining. =) I'll keep you posted. =)
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Retaliation for voicing concern over unsafe pratices
I meant to send this much sooner, but just wanted to thank you for the update. You gave me "hope" during a difficult time, when my case was still unheard, friends had vacated my life, and when I felt things were looking grim. It's been almost 2 years since I filed my first "concern", and 1.5 years since my termination... the legal system does have it's "flaws", arbitration being one of them... (from what I hear, those laws are changing as well)... but hope to anyone going through the same... it takes TIME... lot's of TiME to see things turn around in your favor! I was sitting across one of the meanest nurses I have come across last week, during HER deposition... and I felt so incredible, as I looked her square in the eyes, as she tried so hard to maintain her composure... during her many attempts to "lie". Regardless, I thought, "Finally! I get to witness good prevail, and I have front row bleacher seats"!
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Teamwork inside the ICU
this was a letter i sent throughout the hospital i worked at- during the time that i was experiencing retaliation for raising patient safety issues. still, i thought it was important to remember to mention the positive, during such a difficult period. "hospital" mvp's: on march 23, 2006, one of our patients lost the fight of her life. at that exact second- a husband lost his wife, a son lost his mother, a daughter lost her best friend, grandchildren lost their nana, a doctor, and nurse lost their patient. what a sad day for so many of those who loved her, as they waited so patiently, and held so tight to the faith, and the hope of her survival. it was evident to those of us who aided in her efforts, that she was loved by so many.
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Nurses' Unions
i don't know if you've seen my reply "way back when"... but i'll repost what the union attny wrote to me, regarding my "rights" as a union member.... the reason is that the collective bargaining agreement ("cba") is between sl and union. as reflected in article 16 of the current cba, only the "parties" to the cba have rights under the grievance procedure. registered nurses represented by cna are third-party beneficiaries of the cba but have no direct rights as a party to the cba. as reflected in article 16.b, at step two of the grievance procedure, even for grievances between the rn and the employer, such as yours, a representative of "union" meets with a representative of the employer to attempt to resolve the grievance. only a party to the cba and not an individual employee can refer a grievance to an impartial arbitrator for determination. "union" controls the arbitration process because every arbitration decision can become a part of the ongoing collective bargaining agreement between the employer and the union. once an arbitrator has interpreted certain ambiguous language, e.g., the parties are bound by that interpretation as long as they do not change that contract language in future negotiations. precedent which will govern how cases with future rns may be handled may also be developed through arbitrating discipline cases. "union" functions in an arbitration to advance the cause of the individual grievant while considering the impact of the case on the bargaining unit as a whole. you mentioned nlrb regulations but your case is not an nlrb charge against your employer; it's a grievance under the contract between "union" and your employer. there's no issue of your "waiving" your right to have an attorney at the arbitration because you do not have any such right to start with. the cba itself does not expressly state that an employee has no right to an attorney of her choice in pursuing a grievance. as i explained above, it is "union" and not the individual employee that has rights under the article on grievance procedure and arbitration. from step two on, the contract is explicit that only a party to the contract can refer a case to arbitration. "union" will continue to represent you with the same care and dedication with which we represent all the rns at sl and hundreds of other hospitals in california and in other states. you had a number of questions about the arbitrator selection process. the cba specifies in article 16. step four.1.c how the selection occurs. there are six arbitrators in the contract. an employer representative and a "union" representative flip a coin to see how gets to strike first. if "union" went first, we would strike the arbitrator we believed would be least sympathetic to your case, based on our experience with these arbitrators over the years. then the employer strikes the arbitrator it believes would be most sympathetic to your case. it keeps going like that until only one arbitrator is left. you weren't given the opportunity to be present because there was nothing to be present for - it's a very straightforward process that is completed quickly. the date for your hearing was the first date we could get. as for how many employees have waited longer than 9 months, we don't track that information but it is not particularly unusual because arbitrators are so often booked so far in advance. you will be represented at the arbitration by pl, the labor representative for sl, and by the arbitration director, who is also a licensed attorney in california. "union" does not use attorneys for all the arbitrations; we do always use representatives who are skilled and proficient in conducting arbitrations. we have been informed that an attorney from the law firm of "the employer" will be representing the employer. "this law firm" is a well-known anti-union law firm that takes a very aggressive stance on behalf of employers. "union" often faces them in arbitrations. the employer is not required to provide "union" in advance with a written list of its allegations apart from the termination letter which both you and "union" have. basically the employer is held to defending the termination on the basis for the termination stated at the time it was imposed. in other words, "union" would challenge as improper the employer's attempt to justify a termination on grounds not stated to the employee at the time the termination was imposed. the contact between "union" and the employer concerning your grievance is limited to grievance meetings at which you were present or written exchanges. "union" has already shared with you any correspondence we have had with the employer concerning your case. as to the "types of settlement offers" that "union" might accept over your objection, there is no way to create a list of hypothetical offers. the critical fact is whether the settlement is "reasonable" in "the unions" view. as pl already told you, you would have a full opportunity to contend that any particular settlement offer does not meet that test before "the union" would accept it (in the event that we respectfully disagreed with your position.) binding arbitration means that there is no right to appeal the arbitrator's decision to court. under certain very limited and narrow circumstances, a union or an employer may move to vacate an arbitration decision but disagreeing with it or having lost certainly is not a basis for petitioning to vacate. sometimes an employer will indicate that it does not intend to comply with a decision, despite the fact that there is no legal basis to do so) and in that case the union probably would file a court action to confirm the award. with respect to "expedited arbitration," the procedure is defined in the contract [article 16. 1. expedited arbitration procedure, on page 43.] "the union" cannot require the employer to go the expedited route; it requires mutual agreement. in my experience as a union attorney (21 years), employers rarely, if ever, agree to expedited arbitration because, among other things, it means the case cannot be "briefed" (argued after the hearing in a written document to persuade the arbitrator that the termination was for just cause) by their attorneys. as to when you can discuss your case with your attorney, if you mean your arbitration case, you can discuss it with your attorney whenever you like but the strategy for the case is being decided by "arbitration directior and the union rep" in consultation with you. your "civil" attorney is not part of that process. finally, as to what.. you're entitled to be reimbursed for, i assume you mean what the scope of the remedy would be if we win at the arbitration. basically the arbitrator orders a make whole remedy so that your compensation and benefits would be the same as if you had not been terminated. as for interest on the back pay owing, some arbitrators will award it and some will not. the union typically asks for it but it's a discretionary decision by the arbitrator. typically a grievant does not get compensated for time spent in grievance meetings or preparing for the arbitration or for costs expended in connection with the case. legal counsel for "the union" i found it the director of arbitration to be very kind, and he put on a good case in my arbitration. what was strange afterwards, is that the union refused to give me a copy of the arbitration transcripts- i find that quite odd, since i was the grievant, and according to my civil attorney, should be entitled to those transcripts?? also, i have recently found some questionable emails between the employer and managers, regarding my union rep... who i accused all along of being unable to present my case fairly- if it is in fact true that she was in their side of the court, (figuratively speaking)- i will again file complaints with the nlrb, as well as other agencies... you know, the employer is the one who pays their mortgage... of course the union is somewhat sleeping w/ the enemy!
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Retaliation for voicing concern over unsafe pratices
cozmo_blozmo , Ouch! That was kinda rude! Actually, I was so happy to hear about this site from a co-worker, when the retaliation against me began! I was even talking about this site today, with another girl who is going through some work "mumbo-jumbo"... I said, "In a sick sort of way, it's at least comforting to know I'm not the only one going through this. There are lots of people on the site who are going through the same thing. I swear, sometimes I wonder if HR is reading our posts, and getting ideas on how to torture the whistle-blowers". SpaceNurse is just full of knowledge, I have gotten some of my best lines of defenses from researching his posts. And TNNurse's life sounds just a few months further in than mine... we both sound so alike, that the girl who actually referred me, thought I was her.... Cozmo, there's enough bah-hum-bugs all around us... some of us ARE here simply to tell a story, hoping to spread knowledge... or give words of encouragement, advice, or comfort. I'm sorry you are sick and tired of the "year old" version TNNURSE is sharing, but the system doesn't work like you watch on TV... but wouldn't it be nice if it did? Also, unfortunately, even if it IS a year old story to you... it's a day old story to someone else. Be appreciative that TNNURSE takes the time to tell it- Because of many of the posts on here, I lost that feeling of being "all alone". I was feeling so discouraged when the retaliation started against me- I was literally SHOCKED, and could easily have walked away from this experience thinking that EVERYONE in medicine is evil.... but you know what... because of these posts, I know it's not "most" nurses are evil... it's just a few- and some of us happen to be fortunate enough to have worked with them... You are blessed not to have had that opportunity, and we all pray you never do, because it's life-altering in every way! Good Day.
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Retaliation for voicing concern over unsafe pratices
this is just a sample of what i mean about the california nurse assoc. this letter is from their representing attorney.... isn't it nice to know our rights? i think we all need to read the fine print, read between the lines, and remember that the union is only as powerful as it's members. another side note... the nlrb isn't real! there are no checks and balances between the union an nlrb, so if you think there is recourse against the union, it's not through the nlrb, but through state court! when i filed a complaint against my union/rep with the nlrb, the nlrb contacted me and stated, "im surprised you didn't file a complaint against the employer", i said, "i didn't know i could"... so i did. wasn't she so sly... after filing my complaint against my employer with the nlrb, i was contacted again, and informed, "although you do raise several issues that would probably warrant an investigation, it wouldn't look good on you, for you to go to arbitration with a complaint against the union who's representing you... so here's what i"m gonna do... i'm gonna drop the case against the union, and defer the one to arbitration against the employer. when i later contacted her, stating that i thought it was outrageous that she gave my charge against the employer over to the same union rep that i had filed a grievance against, she dismissed my concern, and stated, "well, the charge against the union is dropped, i'm not going back there." i informed her that i may file another complaint against the union, and she said that even if i did, she wouldn't take into account my past complaints, and i woudl have to come up with a whole new set of charges. i contacted the dol, attny general, ocr, and they all stated the same, as did nlrb... there is no entity that oversee's the nlrb. so... they "babysit" the union, but who babysits them??? what a failure of the entire system... what in the world are we thinking we have protection if we have a union for when really... we're in the same boat as those who are nonunion members.. our only recourse is really suing them civally... read on... this came directly from cna's attorney.... become enlightened..... subject: re: friday meeting from: (attorney for c n a) @calnurses.org with respect to your question about your attorney, you have already been informed, in writing, as shown in the jan. e-mails from ** to you which you forwarded to me, that your attorney may not be present at the arbitration preparation meeting or at the arbitration. the reason is that the collective bargaining agreement (“cba”) is between "hospital" and cna. as reflected in article 16 of the current cba, only the “parties” to the cba have rights under the grievance procedure. registered nurses represented by cna are third-party beneficiaries of the cba but have no direct rights as a party to the cba. as reflected in article 16.b, at step two of the grievance procedure, even for grievances between the rn and the employer, such as yours, a representative of cna meets with a representative of the employer to attempt to resolve the grievance. only a party to the cba and not an individual employee can refer a grievance to an impartial arbitrator for determination. cna functions in an arbitration to advance the cause of the individual grievant while considering the impact of the case on the bargaining unit as a whole. there’s no issue of your “waiving” your right to have an attorney at the arbitration because you do not have any such right to start with. cna will continue to represent you with the same care and dedication with which we represent all the rns at sl and hundreds of other hospitals in california and in other states. cna does not use attorneys for all the arbitrations; we do always use representatives who are skilled and proficient in conducting arbitrations the types of settlement offers that cna might accept over your objection, there is no way to create a list of hypothetical offers. the critical fact is whether the settlement is “reasonable” in cna’s view. binding arbitration means that there is no right to appeal the arbitrator’s decision to court. under certain very limited and narrow circumstances, a union or an employer may move to vacate an arbitration decision but disagreeing with it or having lost certainly is not a basis for petitioning to vacate. sometimes an employer will indicate that it does not intend to comply with a decision, despite the fact that there is no legal basis to do so) and in that case the union probably would file a court action to confirm the award. basically the arbitrator orders a make whole remedy so that your compensation and benefits would be the same as if you had not been terminated. typically a grievant does not get compensated for time spent in grievance meetings or preparing for the arbitration or for costs expended in connection with the case. m. jane legal counsel california nurses association national nurses organizing committee 2000 franklin street oakland, ca 94612
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Can (do) nurses unions help improve patient care
a sample of what i mean about the cna. this letter is from their representing attorney.... isn't it nice to know our rights? i think we all need to read the fine print, read between the lines, and remember that the union is only as powerful as it's members. another side note... the nlrb isn't real! there are no checks and balances between the union an nlrb, so if you think there is recourse against the union, it's not through the nlrb, but through state court! when i filed a complaint against my union/rep with the nlrb, the nlrb contacted me and stated, "im surprised you didn't file a complaint against the employer", i said, "i didn't know i could"... so i did. wasn't she so sly... after filing my complaint against my employer with the nlrb, i was contacted again, and informed, "although you do raise several issues that would probably warrant an investigation, it wouldn't look good on you, for you to go to arbitration with a complaint against the union who's representing you... so here's what i"m gonna do... i'm gonna drop the case against the union, and defer the one to arbitration against the employer. when i later contacted her, stating that i thought it was outrageous that she gave my charge against the employer over to the same union rep that i had filed a grievance against, she dismissed my concern, and stated, "well, the charge against the union is dropped, i'm not going back there." i informed her that i may file another complaint against the union, and she said that even if i did, she wouldn't take into account my past complaints, and i woudl have to come up with a whole new set of charges. i contacted the dol, attny general, ocr, and they all stated the same, as did nlrb... there is no entity that oversee's the nlrb. so... they "babysit" the union, but who babysits them??? what a failure of the entire system... what in the world are we thinking we have protection if we have a union for when really... we're in the same boat as those who are nonunion members.. our only recourse is really suing them civally... read on... this came directly from cna's attorney.... become enlightened..... subject: re: friday meeting from: (attorney for c n a) @calnurses.org i cannot tell when the first e-mail to plwas sent and it may be that it preceded some of the other exchanges you included. therefore, some of the questions i am answering may have already been answered. with respect to your question about your attorney, you have already been informed, in writing, as shown in the e-mails from patty l. to you which you forwarded to me, that your attorney may not be present at the arbitration preparation meeting or at the arbitration. the reason is that the collective bargaining agreement (“cba”) is between slh and cna. as reflected in article 16 of the current cba, only the “parties” to the cba have rights under the grievance procedure. registered nurses represented by cna are third-party beneficiaries of the cba but have no direct rights as a party to the cba. as reflected in article 16.b, at step two of the grievance procedure, even for grievances between the rn and the employer, such as yours, a representative of cna meets with a representative of the employer to attempt to resolve the grievance. only a party to the cba and not an individual employee can refer a grievance to an impartial arbitrator for determination. cna functions in an arbitration to advance the cause of the individual grievant while considering the impact of the case on the bargaining unit as a whole. there’s no issue of your “waiving” your right to have an attorney at the arbitration because you do not have any such right to start with. cna will continue to represent you with the same care and dedication with which we represent all the rns at s.l. and hundreds of other hospitals in california and in other states. cna does not use attorneys for all the arbitrations; we do always use representatives who are skilled and proficient in conducting arbitrations the types of settlement offers that cna might accept over your objection, there is no way to create a list of hypothetical offers. the critical fact is whether the settlement is “reasonable” in cna’s view. binding arbitration means that there is no right to appeal the arbitrator’s decision to court. under certain very limited and narrow circumstances, a union or an employer may move to vacate an arbitration decision but disagreeing with it or having lost certainly is not a basis for petitioning to vacate. sometimes an employer will indicate that it does not intend to comply with a decision, despite the fact that there is no legal basis to do so) and in that case the union probably would file a court action to confirm the award. basically the arbitrator orders a make whole remedy so that your compensation and benefits would be the same as if you had not been terminated. typically a grievant does not get compensated for time spent in grievance meetings or preparing for the arbitration or for costs expended in connection with the case. m. j legal counsel california nurses association
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WI Healthcare Worker Retaliation Protection Act
Ingelein, I'm sorry to hear that you lost your case. Of course, that's my concern as well- even though we may have a very strong case, the average jury trial win is only 50% ! I have done everything I possibly could, to get the hospital noticed enough to have to address their patient safety issues, as well as how they address the concerns that we bring to their attention. I'm with you... I've said it before, I think we need to rally, and be heard by someone who can actually make a difference. I've submitted my story to 20/20, as well as notified the local newspaper, and a few other talk shows. I think if we all bombard the shows with our stories, they're more likely to take an interest, and that interest will be put upon politicians... Instead of just saying "good luck" to eachother, and thinking that the little budge is enough... just shouldn't be good enough for any of us to accept! The employer is just a bully, and they always get away with this type of behavior because we (nurses) back down when push comes to shove... their team isn't any stronger, just bigger! When will some of you actually ACT, rather than sit by the computer and read all these terrrible things that keep happening to others, like yourself? Perhaps the ANA can help? Is anyone willing to travel or anything? I'm willing to step up and tell my story along with others... what's the problem here?
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Retaliation for voicing concern over unsafe pratices
I sent this email out to as many people in my workplace as I possibly could, as well as news media, politicians, governmental agencies... I have learned that it is better to speak up, than to stand down. The quieter I became, the more power the employer had- not right! I am hoping that more nurses can learn that silence is detrimental to our cause, and our rights to act on the patients behalf! Hi Everyone- Wow! I'm finally getting around to writing the letter that I've wanted to write for so many months now. I am sending this to the email addresses that I have somewhere on file, but feel free to share my letter with anyone who may possibly be interested in reading it- I am hoping to share much information with you, although due to pending legal actions, I must remain somewhat cautious as to what I say/write at this time. Someday, I'll be able to tell my story, in its' entirety- I'm looking forward to my day in court- where I can call a spade a spade, and crooked, crooked! I'm hopeful that as you read through the many pages, you begin to remember my true character, and not believe what others have attempted to portray me as becoming; a diet-pill addict, who is suddenly completely incompetent, insensitive, and deceitful. I'm proud to say, that's not me! I am today, who I was eight years ago; the one that blurts out whatever comes to mind, who goes to the source of the rumor, who always has her foot in her mouth, who has an opinion about almost everything (right or wrong), and yes... the one who occasionally cries, when a patient loses their life. Because I can make a "jack-ass" out of myself, and we can laugh at me later... doesn't make me incompetent, or unstable- as some of my co-workers, managers, or administrators would like for you to believe. In my defense, I can only say consider the source, consider the motivation.... If I didn't have strong beliefs, and strong convictions- I would have bailed out of this fight a long time ago! There is nothing in this world that makes this kind of fight worth it, except for the fact that I refuse to let them beat me down! If they want to make an example out of me... so be it! But- I will be the example that I want to be- not what they want me to be! I am motivated because I seek justice! I am confident that my patients, my co-workers, my family, and myself... will all feel a sense of justice when this is done! Perhaps not to the extent that we might hope, or expect... but at least we'll experience enough so that we will know that Good DOES prevail over Evil! I hope that when this is over, you will feel empowered, and the spirit of the facility will lighten up! I hope that those with knowledge will become teachers rather than competitors, those who are hard will become soft, and those who are tired, will retire! I hope you realize your value, and live up to your potential! I hope that the nurses, therapists, nurse assistants, etc. at our facility will realize that they truly are the hospitals worth! There IS value in what we say, and how we feel! If we are doing our job right- we ARE the patient's advocates, we are their voice when they have none, we are concerned about their emotional, physical, and mental well being, and bringing up patient safety issues should NOT alienate us! Addressing topics like racism, or requesting that our employer eliminate a hostile work environment, should not make someone a moving target for retaliation! Requesting that racial slurs, and racial jokes be eliminated at work, so we could all work on level ground- should not be a reason to start false rumors! Patient abuse concerns should not evoke threats, or Civil Right violations! I hope that even if I'm no longer working here- my fight will be rewarded by change in the way the hospital handles legitimate concerns from it's employees. I hope you all walk away with knowledge... I hope I defeat this giant, so that you can know that we don't have to be David, to bring Goliath to his knees! I hope my children are watching my actions, and they learn that hard work, determination, insistence, perseverance, self-worth, and faith bring results. I hope that by sharing some of my story with you, the rumors will be put to rest, minds will be put to ease, and fear will be lost. But, if this is all in vain, and I'm forgotten by tomorrow- I will still feel confident in the decisions I've made- that ultimately led to my termination. I know whom I stood up for, and why I stood up- and as long as truth is on my side... I believe justice will prevail. I don't even know where to start- I guess I want to start out by saying that I really do miss many of the friendships I made at the hospital. Even those friendships that never blossomed, those who were friendly faces, old acquaintances... in the 8 years I was there... I can honestly say that looking at a familiar, friendly face is something I probably took for granted. I was definitely guilty of taking things for granted- that's for sure! This year- I think my biggest lesson is how incredibly insignificant some things are, and how incredibly significant other things should be. A statement I made at my 20-year reunion this year (yeah... I'm getting that old) was that "Family is Everything, and Many people have many friends, but only a few people have best friends"- some of you probably already knew that... others will probably have to learn it for themselves... and hopefully others will just take my word for it! Family IS everything, and BEST friends are rare. Who I surround myself with has been a major change in my life... I have learned that the number of people who show up at my funeral, or at my party- does not determine the value of my life. What is important is QUALITY, not QUANTITY. I've learned that it's important to surround ourselves with people who are more of an extension of ourselves, but different in ways that compliment us. They should represent who we are... they should inspire us, motivate us, and encourage us... Protect yourself... as nurses, or people in the medical field- we have a tendency to give, give, give... make sure we also receive... keep our cup full enough, so that we may continue to give. So- let me give you a BRIEF rundown of the situation at hand... where I've been, how I got there, and where am I now... October 2005- Wow! That's a whole year ago! Time flies, when your running for cover... doesn't it?! Anyway, continued with my never-ending diet regimen; Weight-watchers, kick-boxing, Nutrisystem, and then Phenteramine. Vanity sucks! Anyway, wouldn't you know it, on the night of the Christmas party- I kick myself into A-fib (side note: Phentermine and dancing don't mix!) I was admitted into the ICU, after the ER RN couldn't persuade me into defibrillation in the ER! Doctor P did what Dr. P does best... he cured me, and the next day, after telling me how crazy I was for taking diet pills to begin with, I was discharged from the ICU. (Of course, he soon learned that other day shift ICU nurses were as crazy as I was, as several of them admitted that they were taking the same diet pills... and yes! The Rx for me was valid!) Anyway- that hospitalization gave me the right to take some time off work- which I jumped on immediately, because my son needed my undivided attention, and swapping my schedule to accommodate his appointments proved to be nearly impossible. At home, I was just beginning to open a door that I had allowed to stay closed for 12 years. My son was having a difficult time in school... his grades dropped dramatically, his memory began to fail him, and his self-esteem took a big hit! That was one of the darkest moments in my life- to watch my child suffer... the memory still brings me to tears! You could look at the cardiac episode as dumb luck... One nights stay in the hospital opened the door for me to stay home with my son for 6-weeks! Well, after being evaluated by 3 Psychologists, 2 Psychiatrists, and 2 Counselors, my son was diagnosed with ADHD, and Chronic Depression! HUH??? This came out of left field for me, although it was really always right in front of me! He's a very good boy, so even when his teachers would question me as to whether or not he had been evaluated- I didn't think it was even a possibility, since ADHD was mostly associated with hyperactivity... and depression... why would he be depressed? He had everything a kid could want? Wow- what a blow to me, as his mother... and for my son! At least we had a name to attach the symptoms to- and finally a path to take! Reluctantly, we started him on medication- not something a parent wants to ever have to do- I'm sure! It all turned out though... He no longer feels like "the dumbest kid in the smartest class"! His grades are better, and the school didn't kick him out of the accelerated program! So, in the 6-weeks I was off- we accomplished much, and I was so ready to return to work... What in the world was I thinking? First day back- a co-worker requests my support with HR in her claim of Hostile Environment. I think I'm going in just to back up her statement... validate her claim... little did I know my statement was about to become HR's primary focus! (Another side note... DOCUMENT, DOCUMENT, DOCUMENT- And KEEP your own copy!) I guess 5 years of documentation was enough to put me in the spot light- but really, I didn't want the spot light! Who knew it would end up like THIS... a year later, I would be fighting for my job, fighting for patient safety, fighting for equality... All I wanted was a smile- be it fake or real... just smile when you're at work... how hard is that? Apparently, it's very difficult for some people... Of course, I do intend on clearing my name, and have brought charges against those who completely violated my Civil Rights, my Union Rights, my Co-workers Rights, and my Patients Rights! First day of my complaint, I received threatening phone calls from a co-worker, to the point that I began the process of filing a restraining order. I was also removed from my work, without my request by my employer, because of "stress"... I had to literally plead my case-only to return to an even more hostile/stressful environment. After filing my complaint with HR, I was harassed to the level of pervasiveness. My calls were monitored, my work was unfairly scrutinized, my clothing was criticized, my conversations with anyone was under surveillance, I was not talked to by co-workers, not offered help, not offered breaks... my friends were harassed, as were my witnesses... and we were instructed to keep quiet about all of this... Hospital Policy states it is to remain confidential! Yes... that's what we were told... but- PUBLIC POLICY states otherwise! If we raise concerns in the interest of the public, and we are retaliated against... we can bring the original concern, as well as the unfair treatment we received from raising that concern, to the public. Also, if raising our concerns in a public forum harms the company, financially, or otherwise, the employer cannot terminate the employee because of the interest of Public Policy. My patients were acted upon- not by me, but because of me! I have not been witness to physical abuse- not to myself, or by myself... not to someone I love... not to my patients. This past year, I witnessed things that will forever penetrate my soul. Someday, I do expect these people to answer for the lies they told, and what they did to innocent people. I know that justice will prevail here... and in heaven! In May, out of pure spite, co-workers accused me of "unusual behavior, poor patient care, and diet pill abuse". (I was off the Phentermine months earlier!) Never was this "concern" brought to my attention, or to the attention of my employer and/or managers! This accusation was made only AFTER the completion of an internal investigation, and was taken directly to the Board of Nursing (who, by the way, dropped the complaint- noting that it was clearly out of retaliation!) When I questioned a co-worker about it, she admitted that it was out of retaliation for issues I had raised! My co-workers stole my house/car keys while I worked, and these people came to my home, and unlawfully entered. (Locks were changed, and alarm is always on) Rumors have surfaced about the cause of my termination- all of them false, I assure you (anyone who would like to review my termination letter is welcome to see it). Medical Records, and other documents have been altered to protect the guilty- People who I thought were good, I learned were capable of things that go against our grain, as not just healthcare givers, but human beings! What causes people to turn so dramatically to the dark side? I don't imagine I'll ever really know what makes someone go against his or her core... I hope that in whatever downfalls I may have, or mistakes I may make... I don't become responsible for the intentional infliction of pain, or emotional distress toward another human being. I hope that I will always respect people for who they are, where they are, and what they are. I am actually quite sad that these individuals, or their families will suffer because of their actions. A part of me wishes that I could turn back time... so these people wouldn't have had to react like a cornered wild-animal! I really believe that God already knew what was going to transpire when I raised my concerns. I believe I was put to the test, and so was everyone else in the ICU. The core of who we are, who we thought we were- was completely exposed to everyone. I believe that even those people who think they got off clean, know the truth... how can they expect to enter heaven with blood on their hands? I would rather suffer because I stood up for something right, than suffer because I did something wrong. I will sleep at night... they will forever have restless sleep. My children will not suffer because of my actions... Karma is something I look forward to- They may change jobs, they may move out of state... change shifts... whatever they do in life- their own reflection is something they can't run from. Justice has already surfaced, and I haven't even had my day in court yet.... Although I am writing with all the passion I have within me, I am also writing with much thought, consideration, and reconsideration. My hope is that I am able to possibly give some type of answers to many of the questions. I hope to be able to prove to you fact from fiction. I hope that my position gives strength, hope, and knowledge to you. If you think "well, look what happened to her, when she spoke up... that can happen to me if I speak up too..." Let me remind you that you have rights, and I am indeed asserting mine! 1. I have THREE complaints on file with the EEOC- alleging discrimination, retaliation, and retaliatory discharge. The government is investigating my complaints, and demanding documentation from the employer! If you have anything you feel they would be interested in looking at, please email me, and I can point you in the right direction! I am also quite educated on Civil Rights, and Employee Rights- I welcome any questions, and if I can't provide answers, I know where you can find them... 2. I have a complaint on file with the Labor Commissioner, who also feels my allegations warrant an investigation, and have agreed to pursue my complaint. 3. I have TWO complaints on file with the NLRB, one against the employer, and another against the Union- both are for unlawful conduct, unfair labor practices, unequal treatment, failure to investigate. According to a recent conversation, I believe my charge against the employer is accepted, but will know more next week. If you have anything you would like to bring to their attention, please email me... 4. I filed complaints against several of the nurses, supervisor, manager, and DON with the Board of Nursing for falsification of medical records, failure to protect patients, patient abuse, discrimination, patient safety, filing a false complaint with malicious intent. As soon as certain information is documented, I intend to provide the evidence to the Board of Nursing, and prove perjury as well. If you have any valuable information that you would like me, or the BRN to review, please email me. 5. I have learned about the criminal backgrounds of the people I work with- it's shocking that the ones who live in glass houses are the ones throwing stones! (by the way, if anyone wants to find out any criminal history on people, all you need is a SSN, or date of birth- go to the criminal justice courthouse- and felonies, misdemeanors, etc are all public record! Marriage, divorce, property ownership... they are all public record as well, which is found at your local court records office. If you want to find out about your employer, and how they conduct business- that information is found at the Superior Courthouse, where you can review who has sued, who the employer has sued- hard copies can be reviewed, ordered, and photocopied) 6. The Board of Nursing has also supplied evidence of disciplinary actions against nurses- past, and present- some, whom I had already brought concerns about to my managers (who did nothing), are in the process of having disciplinary actions taken against their nursing license. (With the board of Nursing, I found out that it is prudent to contact the Board if you have brought concerns to your employer, and those concerns are not addressed. The board keeps the complaints on file- so if you bring a confidential complaint to them- even if they drop it... if someone else brings a complaint about that same nurse at a later date, they will have the other one on record. I'm not talking about contacting them from silly things, b/c the BRN takes a very long time to investigate- but if someone is clearly violating the BRN codes/laws, and the workplace doesn't address it... don't think that you are powerless. This is also true for managers and/or supervisors. They have the responsibility to make sure that nurses are functioning appropriately, and if they are failing to protect the patient, they are held responsible by the BRN.) 7. I have contacted OSHA, JACHO, DHS, and APS for unsafe work-conditions for staff, unsafe patient conditions due to toxic environment, questionable record keeping, patient care concerns possibly leading to patient injury and/or death, whistle-blower violations... etc. Of course, these were brought to the governments attention only after my concerns went unheard by the employer- I definitely attempted to work with the employer, provided them with documentation of concerns- but only met with retaliatory actions... go figure! 8. I have contacted politicians (whose names I will keep confidential at this time), requesting that they bring these concerns to light, so that people who raise issues on behalf of patient care and/or misconduct in the workplace do not experience what I have experienced. I brought up concerns about employers attempting to intimidate, bribe, and negotiate with witnesses, other employees interfering in investigation processes, and the possibility of raising the severity of the punishment for these types of offenses. If these behaviors/actions were taken against a governmental employee, the employer and/or employees would serve prison time... I think that would be a deterrent for many individuals, which would probably eliminate half of the whistle-blowing, wrongful termination, and retaliation complaints. 9. I have also contacted the media, hoping to bring attention to this behavior, and have also been in contact with past plaintiffs, employees, and patients who have been victimized by these individuals. These are only some of the things I have been working on... believe it or not... I do have a personal life, and all my energies are not spent on work-related issues. I am definitely pursuing other avenues for work... When one door closes, another door opens... The time off has provided me the opportunity to re-evaluate my life, and it's direction. I had completed my education in forensic nursing, and I am looking at how/where that can benefit me, and the public... but I have also become quite interested in the political arena of medicine, and labor law. Who knows... I hope that this information has enlightened you; I hope that you know that the door swings both ways... the justice system does work, if you know how to make it work for you! Take advantage of the internet- there's a great site for nurses, nurses.com - search the safety and/or retaliation chats- gain knowledge. Gain strength. For those of you who know my character... my work ethic... me... I am going to arbitration with the Union against my employer (that's a whole other story- but will email it to you, if you would like to know how the system really works)... Anyway, I am hoping to obtain some references in support of my job ethics, my function as a nurse... whatever memories you may have of me... If any of you would feel comfortable enough to provide me with a brief statement, it would be much appreciated! To all of you- I hope you have a great holiday- stay healthy, stay safe... and thanks so much for reading my story!
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Nurses radical bid to knock out political curruption
Of course I did that- and a whole lot more! Every Governmental agency has been contacted- and that was only after I notified my employer, the corporate office, Ethics committee, Risk Hotline... need I go on? I am not foolish enough, or spiteful enough to just demand representation, and assume the union will take care of it all... BUT- I do expect fair representation, definately! When you pay hundreds of dollars per month for representation, and after 10 years, you finally need it... wouldn't you hope that you could count on FAIR REPRESENTATION? The rep did such a bad job with my case that I ultimately had to file a complaint with the NLRB against them, because it was such inadequate representation- and I'm not the only one who had issues with it from the start- there are many other nurses who had filed complaints against the rep, with no avail... I wasn't about to just let it go- too many people sit down... somebody has to stand up- What do you think happens, when you go in to file a complaint, and other employees/nurses never filed their complaint, therefore, the employer and/or agency states, "Well, you're the only one who feels that way!" Do you understand how the passive attitude, the "I don't care", I"m too weak, I don't want to stir things up.... that whole mentatlity is detrimental to our profession, and if people have problems within the nursing field- just keep quiet about it, unless you're willing to take a stand! You have no room to complain, if you don't even raise your concern! I'm so tired of those people who watch on the sidelines... they reap the rewards of other nurses suffering, and hard work! Retaliation exists in the medical field because nurses allow it to! If the fact that I mention the union "in bed" with the employer offends you- I'm sorry that reality bites so hard... but that's the truth! Who is really paying the unions wages? THE EMPLOYER! We all are out of work without the employer... they're out of work without sick people! The union would be out of work if not for all of us... so they stroke ALL of us... they raise concerns about "patient safety, and staffing ratios", and they rally to get higher pay... but in the end... they conspire with the employer- when you are there (and hopefully, you never will be)- but if you are in that position some day, you're eyes will become wide open! I"ve been in the field for 20 years, and my current situation literally SHOCKED me! It still shocks me! It's astounding- the corruption in medicine! Don't you realize how nurses are more and more becoming the fall guy? We're the ones who is considered "nurse ratchet"- not the doctors! NOt the unions! The nurses take the fall time and time again! But- we can only blame eachother, because the majority of us either don't care about the patients, and we're just into it for the pay check... or we don't care about our fellow nurses- but then again.... we are the profession who eats our young! where do you suppose such a bad reputation comes from? Instead of taking a strong stand on the Unions behalf... why don't you stand strong for the patients, and the nurses??? Bottom line- we wouldn't need unions, if nurses were as strong as the patients think we are! If we stood together on issues, rather than back-stab one another, compete, retaliate.... then perhaps we could all save ourselves a couple of buck every month- Do you really condone the unions use of our money- to campaign for other states- when they can't even adequately protect the members that pay into them? I mean- why should arbitration be left to their discretion? Why does it have to go through the approval process- we're paying for it! are we not? Do you know how many grievances they turn down? They don't want to flip the legal bill, but they sure don't mind taking our money every month! Cut out the middle man- or at least demand more from the union! Find another union to give them a little competition! Get nurses together to invest their money into starting up a union! I mean really, how many nurses do you think work for the union? And you want the public to believe they really care about PATIENT SAFETY, STAFFING RATIOS, etc? Please- throw me something that sticks!
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Nurses radical bid to knock out political curruption
For heavens sake- Unless you've seriously NEEDED the help of CNA- don't assume that you know what they stand for. I recently needed the representation of my union, CNA- and let me tell you- they are in NO WAY, concerned for patient safety, and patient/nurse ratios... they only care about the money! Plain and simple! I contacted the union to bring forward concerns of patient safety, a concern regarding patient abuse, and innappropriate behaviors displayed by several nurses I work with. Did the union jump in, at the cry for help, in regards to patient safety/care issues! HECK NO! They said, "We don't deal with those types of issues"... are you kidding me??? They are IN BED with the employer, and that's the bottom line! don't be fooled into thinking that the union got your hospital a contract that says this, or that.... fact is- the union isn't the union, without the nurse! Make them EARN their money! If they want to give our money away to whatever causes- make them EARN IT! I personally think that getting rid of the union would benefit employees greatly. What we have right now, is a sense of FALSE HOPE! Everyone sleeps with everyone... it's who's scratching who's back... who's paying off who... who's sleeping with who??? Why do we need to add another partner to a bed that already has more than two? I say, get rid of the middle man, and find people who are willing to lobby, or willing to take a stand! The problem with nursing- so many of us are enablers by nature... so many are weak, unwilling to rock the boat. With a weak team, how could we believe we could make a difference? CNA saw the character flaws in us, and used it for their advantage... now they're making money off our money, but taking ALL the credit- which they don't deserve. With all these people complaining, I don't know why you're not out there- trying to make a difference! What can EVERYONE do to make a change in the nursing profession, to be effective?
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Retaliation for voicing concern over unsafe pratices
Hi There. I'm a new registar, although I have been reading along for several months. I am so sorry that all of you have had to deal with the issue of retaliation, or retaliatory discharge. I have found myself to be in the same position, and I know how absolutely devestating it is! My mind, heart, and spirit has totally been affected. I will never be the person I was before I was retaliated against. The experience opened my eyes to things I didn't even know were possible. I watched, as nurses that I've worked with for years caused my patients to suffer, in hopes to make me look incompetent. I have had a clean record prior to my complaint, and like many of you, as soon as I brought my concerns to my HR, my ability to function as a nurse was put into question. I was accused of drug abuse, incompetence, patient abuse, etc., etc. How is it that the nurses I worked with for years and years, suddenly believed the lies told by my employer? Overnight, I went from friendly and funny, to horrific and distasteful. How could I have had a complete transformation overnight? I honestly believe the purpose that the employer retaliates against the nurse is only to start the process of elimination, which is ultimately their fate. They monitored me, broke into my car, into my home, had coworkers spy on me, and all of my conversations. When they found nothing to discredit me with, they began to invent stories such as poor patient care, drug abuse, mental health issues, extramarital affairs, etc. It's unbelievable how many people will step back from you, only because of a rumor; or even more shocking is how many nurses will place their professional licensce on the line for their employer. It just shocks me to think about it. I can't understand this, and can only imagine that the employer came up with some edited tape recording, or video, to convince them of what a horrible person I suddenly became. Having experienced what I have experienced, I now know that ANYTHING is possible. You know how the HP employees accussed HP of gross privacy violations? I can tell you that it doesn't only happen in big name corporations, it has happened in my small home town, and in my home! My keys were taken from a coworker, and copies were made. These people entered my home, without my permission, without my knowledge, and without my presence. I can only say that whoever I can prosecute for breaking and entering, I will prosecute. I already have a "squeeky wheel", and when I'm done with these people, they will forever remember my name. I will not allow them to contaminate my mind. they're not worth so much of my energy- I know that they will someday meet with Justice. If they don't meet with it personally, their family member will- and they will have to wonder if the terrible things that happen in their childrens lives, is a consequence of their actions. I know they will never forget my name, my face, and my fight, because I visit them when they sleep. I penetrate their subconscious, because they know right from wrong, and they can't hide from God. We are fighting a war that we have already won. We must keep fighting, we must stay strong, because these people are too dumb to know they already lost, and therefore, they keep attacking. They're fighting with empty guns, they have nothing on us. Be patient, a fish is caught by the mouth. Their lies will continue to trip them. I want more, and more of them to be involved with the conspiracy, because the more people involved, the higher the possibility they will crack. It only takes one rotton tomato to spoil the bunch! JUST ONE! We may lose sleep at night, but there will come a time, when we will sleep again. These people don't sleep, and they will never have a restful night of sleep again. they will never again experience peace, because they have turned God's gift to us, into something evil, for their own purpose. God's greatest creation was life. We have been entrusted to see the start, and finish of life, and we hold life in our hands daily. These people who came against us, who used our patients to hurt us, are worse than murders, and they disappoint God. they were given this gift to touch/heal others, and they disposed of that gift as if it was a soiled diaper. They stepped on God's greatest creation, some of them took took a life, some of them made an innocent person suffer, and some of them just watched, as they suffered. All their hands have blood on them, and they will someday face these people, and God. These same people will also be patients, and karma will make sure they receive justice while they lay in the hospital bed, or their family, or their families family. they brought home a monkey on their back, and it will be with them forever- jumping from back to back- causing havoc in their lives. Don't worry about their fate- yours will be blessed. We know our hearts, and God knows our hearts. I will not fear death, because I know where I've been, and what I've done. Evil will answer to the highest God- lets keep fighting a strong fight. We are being tested, will we be Judus, or Joseph? Will we walk, or will we fall? They fell, and they will someday be held accountable for their actions! don't keep your eyes on them, or what the employer is doing for them, the worst punishment they can receive, is living with their secret. It will fester inside them, and their family will rot while they watch- knowing it was because of the lies. they have contaminated their environment. Have pitty on them, for they are miserable already. they are like the dead- walking among the living. They created their destiny, and our Lord will come to our rescue. I'm not a religious finatic- by any means- but I do believe in God, and his promise that if we keep our eyes off them, and on him- he will take care of our enemies. In such a corrupt system, we have to hold on to that faith- sometimes, that's all we have, and he's the only one standing next to us, rather than behind us, or on the sidelines. In the meantime, I have a suggestion: I suggest that all the nurses who have been retaliated against, or those who have witnessed it- join forces. *I think we need to each write down our stories. Swap them with eachother. *ALL of us will end up with the same pile, and some of us will begin to distribute them to the media- Major networks- shows like Oprah, the View, Dr. Phil, etc. We attack this as a GROUP, rather than an individual. As a group, we are more powerful. *This also helps our own cases, because it gives us documentation from other countries, other states- where management is manipulating, and lying in the same manner. It shows that this is something they learn, just like someone can learn to make a bomb on the internet, these employers learned how to retaliate effectively. That "story" is the same as "this" story... she was accussed of "this", just like I was. do you see how this can benefit all of us?