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Discussion

Retaliation for reporting abuse?

A few months ago, the facility I was working at had a patient who’s family member was in a very authoritative position. While in our facility, the family member abused my patient on numerous occasions (hitting, choking, screaming, numerous bruises of unknown origin). Several events were witnessed by myself and by a few other nurses and reported accordingly. Numerous events were swept under the rug by my director and we were informed that they were not considered abuse and that “a family member has the right to force the patient to do something.”

Finally, after a particularly heinous event, administration took control and reported the events. We were all counseled on what to say to authorities and essentially still being told by our director to lie and recant our statements. Even took it as far as ripping up witness statements from previously reported events. Thankfully I maintain copies of all witness statements I complete and have them co-signed by my charge nurse on completion. The facility ended up in a lot of hot water as well as the family member.

Fast forward to now. I am by no means a superstar nurse. Of course I am flawed. But I also know that I am good at what I do. My patients love me, my coworkers love me. I have never had a single complaint from a family member, patient, or coworker up until after the abuse was reported. I’m the 4 years I had worked at this facility, I have never received a write up beyond a written warning for showing up late. But yesterday I was terminated.

To make a long story short, a patient was prescribed a new medication we did not have in house. I needed to pull from emergency supply and did. I pulled said medication and filled out necessary documentation (was not a narcotic). Later, my director followed me and claimed the medication was not given due to issues with documentation and proceeded to write me up for a single medication error. I fought back, claiming my innocence. But yesterday they terminated me for “negligence.” They stated they didn’t think I would intentionally harm my patient and that I was a good nurse so they wouldn’t pursue it criminally or with the BON but decided to part ways.

I am hurt and angry. I have given my all to this facility since I became a nurse. I am good at what I do. But most importantly, I KNOW that I gave that medication. (Patient was A&O x 1-2 at best and stated he thought he received the medication). I can’t help but believe this is retaliatory for the abuse situation given that I’ve never once received a write up previously for anything. Ordinarily I would cut my losses as I was preparing to leave in the very near future for another job. But this is a very large corporation in not just my city but my whole state and such, being ineligible for rehire makes me ineligible for employment at all facilities in the company.

So my question is this; do I have any recourse for this since I feel it was in retaliation? Or should I cut my losses and take it as a lesson learned? Thank you in advanced for any and all opinions and comments.

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    That's just terrible. My heart goes out to you.

    They showed their cards when they told you to lie. In hindsight, you should have looked for a new job then. They are utterly without scruples.

    I, personally, would cut my losses.

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    • Author
    4 minutes ago, Emergent said:

    That's just terrible. My heart goes out to you.

    They showed their cards when they told you to lie. In hindsight, you should have looked for a new job then. They are utterly without scruples.

    I, personally, would cut my losses.

    I had been looking for another job since that incident. But my director always found a way of talking me out of putting my two weeks in. I was foolish and fell for it, believing that they genuinely cared to keep me onboard.

    Its just embarrassing and and heartbreaking to me. It makes me feel so ashamed even though I know I didn’t do anything wrong. I know I probably should just cut my losses but it’s hard when I feel that it was so unfair.

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    You can always consult with an employment attorney and lay out the facts for them---whether the cost of the attorney and any legal action against the facility would be worth it, financially or emotionally, is a different matter. I've read of nurses on this site who have won wrongful termination lawsuits, so in their cases it was certainly worth it, but that's a gamble only an attorney can tell you whether it's wise to take.

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    • Author
    4 minutes ago, LibraSunCNM said:

    You can always consult with an employment attorney and lay out the facts for them---whether the cost of the attorney and any legal action against the facility would be worth it, financially or emotionally, is a different matter. I've read of nurses on this site who have won wrongful termination lawsuits, so in their cases it was certainly worth it, but that's a gamble only an attorney can tell you whether it's wise to take.

    Thank you. That’s kind of where I’m at with this. I’m not sure if it’s worth the money and stress for it. In some ways I believe it would be because of the impact it’s going to have on my future if I choose to remain in this area. But in other ways I just feel like I need to let it go because at the end of the day I know what I bring to the table. I definitely need to let my initial emotions die down first.

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    4 minutes ago, nursehaley91 said:

    Thank you. That’s kind of where I’m at with this. I’m not sure if it’s worth the money and stress for it. In some ways I believe it would be because of the impact it’s going to have on my future if I choose to remain in this area. But in other ways I just feel like I need to let it go because at the end of the day I know what I bring to the table. I definitely need to let my initial emotions die down first.

    I definitely hear you and all I can say is how sorry I am you're going through this. The more I'm around people, the more I love my cats ?

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    Use a lawyer's expertise. If you have malpractice insurance, now is the time to use it. (And please, watch your postings on social media. Less is best.)

    Now I don't know all there is to those 'right to work' jobs, so your place may have the right to terminate without any explanations/reasons. There may be more to your situation, but if you're having 'THAT' feeling about retribution, you may well be right.

    If a lawyer agrees with you, you may have grounds to recoup any lo$$es.

    Good luck.

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    You were framed for misconduct because they found a cheaper new hire and forced you out the door, to keep the profit rolling. Been there done that. Yes they need to be sued. Yes it will cost you a fortune. Then you run the risk of being blackballed even more. And bankrupted even more. These disgusting places knowing that you are batting from the bottom of the bird cage, and they're laughing like hell. I am sorry this happened.

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    • Author
    33 minutes ago, amoLucia said:

    Use a lawyer's expertise. If you have malpractice insurance, now is the time to use it. (And please, watch your postings on social media. Less is best.)

    Now I don't know all there is to those 'right to work' jobs, so your place may have the right to terminate without any explanations/reasons. There may be more to your situation, but if you're having 'THAT' feeling about retribution, you may well be right.

    If a lawyer agrees with you, you may have grounds to recoup any lo$$es.

    Good luck.

    I’m definitely keeping any postings on social media to a minimum. Also what I have posted I tried to keep as vague as possible while still getting my point across. I feel very strongly that this was retaliatory due to the fact that I never had any issues at my former place of employment until the incident happened. I thankfully carry malpractice insurance so I will look into it. Thank you for your advice ?

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    Of course you should absolutely contact an attorney. Your employer should be advised (if your attorney agrees) that you will vigorously defend your name and reputation against any libel, defamation, or slander. If you have a union you should of course utilize them to the maximum possible extent. If you don't have a union this would be a good time to make the case for your hospital to organize. Unions, even when they don't result in better pay and benefits (and they usually do) at least make hospitals play by "some" semblance of due process. It is an indictment of our system that in advocating for your clients that you were likely punished.

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    1 hour ago, amoLucia said:

    Use a lawyer's expertise. If you have malpractice insurance, now is the time to use it. (And please, watch your postings on social media. Less is best.)

    Now I don't know all there is to those 'right to work' jobs, so your place may have the right to terminate without any explanations/reasons. There may be more to your situation, but if you're having 'THAT' feeling about retribution, you may well be right.

    If a lawyer agrees with you, you may have grounds to recoup any lo$$es.

    Good luck.

    You are confusing "right to work" with "at will employment."

    I do agree that the OP should consult a lawyer. Many lawyers will give you one consultation for free. You could find out if you have a case and a decent chance of winning. Some lawyers work on "contingency"-meaning you only have to pay them if you get a settlement or financial award from a jury/judge.

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    • Experts
    13 hours ago, Emergent said:

    That's just terrible. My heart goes out to you.

    They showed their cards when they told you to lie. In hindsight, you should have looked for a new job then. They are utterly without scruples.

    I, personally, would cut my losses.

    You should have resigned when you read the handwriting on the wall. You could have prevented some of the damage to your professional reputation. Now you have learned. When the handwriting on the wall warns you to get the …. out of Dodge, take the next stage out.

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    I don't have any advice, just wanted to say that I'm terribly sorry this happened to you. But honestly if that's the type integrity management at that facility has, they're probably doing you a favor best to let that sinking ship go down without you.

    Hang in there, be kind to yourself, and I hope your next job values you as a nurse and employee.

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