Repercussion/Retaliation by Director possible?

[kndrpn]

I am wondering if anyone can answer a question. If a nurse has been written up by a director which results in mandatory education to be completed on-the-job, is this legally binding? If said nurse is offered another position meanwhile, does the director have any power to mandate repercussions or keep the nurse from leaving?

[Sour Lemon]

I am wondering if anyone can answer a question. If a nurse has been written up by a director which results in mandatory education to be completed on-the-job, is this legally binding? If said nurse is offered another position meanwhile, does the director have any power to mandate repercussions or keep the nurse from leaving?

The director may have that power if you're transferring within the hospital system. If it's a completely different system, then no ...not officially. I suppose they could give you a bad reference and try to block you that way, though.

[PeakRN]

In our system if someone wants to leave and they have been a challenge for leadership, we don't do anything to stop them. Why would we want to trap that person? If they are on a performance improvement plan then they would either need to complete it or it would transfer with them to a new unit.

[Rose_Queen, BSN, MSN, RN]

Find out your facility's policy. Some may not allow transfer between departments if one is actively in a disciplinary process. Mine doesn't- any disciplinary actions must have fallen off your record to transfer.

[ruby_jane, BSN, RN]

"Legally binding" in terms of the employment on that floor? Probably (you'd have to ask a contract lawyer the official definition of "legally binding"). Did that make it all the way to HR or just to the nurse manager on the floor?

Should the terms of the education be completed prior to the nurse physically going elsewhere? I'd say probably yes, finish it and move on with a clean record. But there may be extenuating circumstances here - what do you think the nurse would say to explain why s/he's looking elsewhere if there was open discipline in the HR record?

[kndrpn]

The nurse is actually moving to a new hospital system.

[kndrpn]

There is no HR involvement. This was education assigned by the director for a write-up.

[KelRN215, BSN, RN]

I highly doubt that the legislature would be concerned enough to make a law stating "employees facing disciplinary action must not be permitted to leave their jobs until the terms of their remediation are satisfied." Employment in the USA is, by and large, at will and either you or your employer are free to terminate the employee-employer relationship at any time for any reason (save for a specific few like race, gender, disability, etc. that are prohibited by law) or no reason at all. That said, if you are in the middle of such a remediation and you give notice, do not be surprised if your employer lets you go on the day you give your notice and marks you as ineligible for rehire.

[KelRN215, BSN, RN]

In our system if someone wants to leave and they have been a challenge for leadership, we don't do anything to stop them. Why would we want to trap that person? If they are on a performance improvement plan then they would either need to complete it or it would transfer with them to a new unit.

Right? Your problem employee who the manager is probably dying to get rid of quits, that's like the manager's dream. Now he/she doesn't have to create a paper trail for HR and the employer isn't at risk of having to pay unemployment.