Retaliation for voicing concern over unsafe pratices

Nurses Activism

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Hi,

I am looking for some insight into retaliation acts by employers.I am a RN in a ICU setting at a major teaching hospital.I have been a resource to my entire unit.I received a promotion only weeks ago.I received a email from my unit manager only hours before she fired me "thanking me" for my dedication to the new nursing staff. I have never been written up, never a verbal warning.My evaluations have been excellent in all my years at this hospital. Until this past month....

I voiced my concerns over some incompetency acts performed by a coworker-nurse. These were acts that were not merely mistakes...they were acts that could have resulted in patient death. I tried to set a meeting with my nurse manager to discuss this nurses incompetent level of function...and I was met with a date to come in for a termination meeting...mine!

This nurse was the nurse managers best friend and recently was her assistant manager.She had done office work for years and had not taken care of any actual patient in years. When she opted to go back into staffing she "refused " to "accept" any orientation....and so she was left to learn by trial and error.In a ICU setting...thats just wrong!Othernurses had complained to the nurse manager to no avail...but I am a lil different.I have a history of being a strong patient advocate and I had told the nurse who was functioning incompetently that I was left with no choice but to go to our risk management dept re: her unsafe pratices.Hours later....I was "fired" for an alledged documentation error. This same kind of documentation error has resulted in no disciplinary action for other employees.Secondly ...my chart had been altered after I left...so I actually never had a documentation error.I dont know what to do. I have been a model employee for years.I have asked for dispute resolution....but they keep postphoning the dispute resolution hearing. What actually happens in a dispute resolution hearing? Are they a sham?Do you have any advice? I feel like I have been incredibly niave.Like I should have seenit coming...but didnt.

Any advice/insights on what to do?:o

You guys are right...a good majority of whistleblower lawsuts are not successful. Alot of these cases are where it is simply the nurse against the HCF....and it is sad when big business wins. My case is a little different.I have a high performer work history, emails from the manager singing my praises,...and then that unit manager blatantly lying on tape.So...this is one time that this HCF better listen to "the nurse". I really do not think they want to be placed in a position of having to appear in front of a Judge/Jury and have to "choose" which lie they want to go with.

Example - Were you lying whenyou said in TNNURSES exit interview that this alledgedly occurred on November1st ...or were you lying when you documented it alledgedly occurred on November 5th? - Cmon choose which lie ya wanna go with!!!!

Example- Were you lying when you said that you never "altered" the alledged medical record that my client was fired over,,,or were you lying when you said in her audiotaped exit interview that you removed the medical record and made some alterations to it without witnesses....and then fired my client over an odd error you "found"?

Do you see where this is going????????Its not going to be pretty for them. So....humiliation...goes two ways if they want to play that game. My hope...is that they do the professional thing...the right thing...the ethical thing.

But you guys also know that "whistleblower statutes" are not the only avenue for recourse in an event like this. There are common law torts too.It doesnt have to be QuiTam lawsuits only.And as more and more risk management magazines and journals are being filled with successful lawsuits it is begining to make these HCF realize....that this type of behavoir they are condoning in management.....is going to cost them big bucks.

Is it sad that I had to audiorecord this to even be believed? Yes....yes it is.Unfortunately not all retaliatory cases have quite as much proof as I do. How do you think they can defend theirselves against their own management team caught on tape lying?During my exit interview ...when I was sitting there so shocked....I can rememeber that NM stating " What a disappointment,..you are such a disappointment....a big disappointment"....

I dont think I will ever forget that. Its bad enough...you are trying to make me answer for something I didnt do.....and lie about which date it alledgedly occurred on...and admit you "altered" that medical record.....then you are going to bring me into a room of people I dont know.....and tell me "I am such a disappointment". I didnt have a snow balls chance in hell. But....the lil tidbit of being such a "disappointment" was an added element of cruelty I think.They knew I was the only source of support to my family...and they didnt care,I was fired to be silenced....I might be silent.....but ya know...I can still push "play " for the judge...if they force me too.And then there is the other concrete evidence I have....most of which I will never post on here.I gave them enough info in my interview to effectively do their investigation,Now,..the ball is in their court.

Ok...I have heard alot about the pro's and cons of labor unions.How do you even "find" information on labor unions...lets say...if you are in a state like me that doesnt have one.What are the type of "fees" assocaiated with them...and examples of services they provide for those fees?

Ok...I have heard alot about the pro's and cons of labor unions.How do you even "find" information on labor unions...lets say...if you are in a state like me that doesnt have one.What are the type of "fees" assocaiated with them...and examples of services they provide for those fees?

Actually, I probably shouldn't have used the word "find." You can easily find union facilities to work for in California but states like Texas are a different story. Texas is a "right to work" state which means, no unions and it would probably be very difficult to organize there. When RN's unionize, they have an election at the facility where the majority of RN's vote on whether the union represents them or not.

Union fees vary widely ... anywhere from $200 to $1,000 a year but, since they negotiate contracts that get RN's an average of $7,000 more a year in pay than non-union workers, the fees are usually worth it.

:clown:

Specializes in ICU, ER, HH, NICU, now FNP.

Thing about unions is this - what other PROFESSION is unionized? Unions were originated to protect the skilled or unskilled but usually uneducated worker. You don't see Doctors forming unions. Granted they don't grapple with the employment issues nurses do. I still say the answer is NOT in a union - no how no way. The answer lies in an active association with a voice (meaning one that has it's own political activists).

Nurses can no longer stand back and expect other people to take action - WE - YOU - ME have to do it. If you have never been to a meeting, never bothered to join, never bothered to volunteer to help with an issue, never read up on things (such as whistleblower protection) then why would things be in any way favorable towards the profession? Get out there, get involved and help get things changed. We can't afford to be passive anymore and TNNURSE's story illustrates why!

It takes money to pay lobbyists to protect nursing's interests and further the profession. It takes money to start, support and run a union. I think you really have to ask the question of where the money would be better spent. Paying the salaries of union presidents? Or the salaries of active lobbyists to actually get the laws changed so that we can protect ourselves instead of waiting for the next union representative to do it...

I hope I never see a union in Texas!

This is all well and good but ... nurses already have "professional" organizations. What have they done? Not much. Have they negotiated better pay for nurses? No. Have they passed any ratio laws? No. Did they get nurses removed from the federal government overtime exemption regulations like the police and firemen did? No.

What difference does it make whether it's a "professional" organization or a union as long as they get the job done. If the ANA or some other organization starts generating any results I'll be the first to support them but, what have they accomplished? Unions are the only ones that have delivered results.

What do you think the California union did to get the ratio law passed? Sit on their hands? They lobbied the legislature for five years to get that law passed. They fought multiple attempts to attack the law in court. They took to the streets over and over again with demonstration after demonstration until Schwarzenegger backed off on the ratio roll back.

And you think that's a waste of money? The vast majority of California RN's who benefit from ratios, whether they are union and non-union, will disagree with you. If you don't want unions in Texas that's fine because ... the "professional" organizations haven't given you ratios, better pay, or much else for that matter.

Thing about unions is this - what other PROFESSION is unionized? Unions were originated to protect the skilled or unskilled but usually uneducated worker. You don't see Doctors forming unions. Granted they don't grapple with the employment issues nurses do. I still say the answer is NOT in a union - no how no way. The answer lies in an active association with a voice (meaning one that has it's own political activists).

Nurses can no longer stand back and expect other people to take action - WE - YOU - ME have to do it. If you have never been to a meeting, never bothered to join, never bothered to volunteer to help with an issue, never read up on things (such as whistleblower protection) then why would things be in any way favorable towards the profession? Get out there, get involved and help get things changed. We can't afford to be passive anymore and TNNURSE's story illustrates why!

It takes money to pay lobbyists to protect nursing's interests and further the profession. It takes money to start, support and run a union. I think you really have to ask the question of where the money would be better spent. Paying the salaries of union presidents? Or the salaries of active lobbyists to actually get the laws changed so that we can protect ourselves instead of waiting for the next union representative to do it...

I hope I never see a union in Texas!

see....thats the problem.my home state is an "at will" state too.while there are legal avenues to protect nurses with stories like mine...they still need to be made stronger-legally.unless they have it on tape as i do....alot of their cases will be dismissed when they bring forth issues of patient safety, staffing acquity ratios, and impaired practitioners.they will be trompled in the "system". the cases who do have lots of concrete evidence...well...yes those hcf are made to pay! but "pay" isnt what nurses are wanting.we want to work in a safety conscious atmosphere...in hcf's that "listen" to members of the hc team when they bring forth issues like unsafe staffing ratios and patient safety issues.the risk management and "administrative office personelss" are not the ones that are having to see the families faces...they still cant "grasp" the concept i keep talking about. every patient in every icu bed is someones mother/father/brother/sister/child/ spouse.there is "someone" out there thats hoping and praying that this patient will recover. when we are staffed with like a level 1 patient and 2 other patients....how can you meet all their needs? it places the nurse in a horrible position. same concept in general care areas...lets say its a med-surg area....and you have 6 fresh post op surgical patients...all come in with all their comorbities...not just the surgical event. all have blood loss, hx of asthma, emphysema, hypertension, diabetes etc etc etc. with ratios of 6-8 patients per nurse are you going to be able to truly monitor them closely enough to see the early warning signs before a patient crashes? thats what i am saying. its like being set up for failure....and then when a patient does crash....then who are they "looking " to attach blame too? the nurse.

most nurses are extremely careful, thorough..and want to truly do a good job. but when administration wants to turn a deaf ear when these nurses are bringing their concerns to them...what does that say? what does it say to the employees when nurses are terminated for bringing these issues forward. i think you guys are right.i dont think its the unions that is the answer.i think it is making new laws even stronger.like the last patient safety and quality improvement act that president bush just enacted. does anyone know who first initiated the concept of this new law? was it the ana ?

Specializes in ICU, ER, HH, NICU, now FNP.

The problem with professional organizations is that participation is purely voluntary and people don't participate. If people would actually participate instead of doing nothing, then the professional organizations WOULD have power!

Specializes in ICU, ER, HH, NICU, now FNP.

As for what difference it makes between the two - I dont want to HAVE to be a member to be employed.

Specializes in Med Surg, Hospice, Home Health.

I went to a nursing seminar that had to do with law; how to document etc to protect yourself....VERY informative...

If someone is crashing, you take EVERYONE with you...we have implemented at my facility a "rapid response team", so if something is going wrong, you have a RT, hospitalist, and a critical care RN to come to the aid of your patient...I'm all for it. true, if a patient crashes, they will look at the nurse (because we take money from the hospital whereas the md brings money to the hospital)...

at my facility, MED/SURG nurses max out at 6 on day shift/ 8 on night shift and true, most are post ops vomiting, and other issues; IMCU max out at 4 with natrecor, ntg, cardizem drips, ICU max out at 2...

I hope you find another hospital worthy of your skills and obvious concern you have over patient care...It takes a strong person to stand up in the face of adversity and my prayers are with you.

linda

The problem with professional organizations is that participation is purely voluntary and people don't participate. If people would actually participate instead of doing nothing, then the professional organizations WOULD have power!

It's great to say it "would" happen but ... the reason it doesn't happen is that the "professional" organizations are more inclined to stick with the status quo. They haven't given RN's a reason to get involved because they don't push anything that delivers real benefits for RN's.

Unions tend to be more aggressive and, consequently, more successful ... which is why RN's get more involved with union activities. When Schwarzenegger attacked the ratio law, RN's didn't have to show up at all of those demonstrations to protest. It wasn't a requirement of union membership. But they did it because the union delivered a real benefit that drastically improved their working conditions and they wanted to defend it.

As for what difference it makes between the two - I dont want to HAVE to be a member to be employed.

This is true. But for all practical purposes, you don't have to be a union RN in California to enjoy ratios. 80 percent of the jobs in California are non-union. But, of course, if you don't belong to a union then you probably don't make as much money either. If you want to make less money then, nothing is stopping you from doing that.

;)

Lizz...you do have a point.I cant even tell you any type of legislation my state nsg association is even attempting to get passed to benefit nurses.Although I am a member I do not receive any flyers from them telling me about their activities.So...does the ANA require each state to be actively involved in "X" number of legislation lobbying?

See...on this stuff....I just "dont know". I can tell you that it has been a great number of years since the nsg population in general has gotten any kind of cost of living increases in my state. As the minimum wage rises and rises really nurses salsries are not adjusting to the cost of living increases for most.

I have to admit....till this happened to me I was oblivious to this kind of treatment. I paid my yearly dues....but .....never really "knew" what they were trying to acheive( nsg associations). Now....I am asking questions....I want to know.....with working so much....family obligations etc .....it is sometimes difficult to find time for it all. However ...IF they had notified me of something that really would affect me ..or my patients then Id be present to assist in any way possible.But..they havent.

As more and more laws and statutes are put into place to help protect patients and protect against retaliation the public is begining to gain insight. Are they "fully aware yet?" no.....I was reading on a web site a minute ago that 30% of all hospital deaths can be attributed to hc medical mistakes ( this includes like anesthesia, the surgeon , the RT, ...and yes ..the nurse).

Don't get me wrong TNNurse: Gauge also has a point. Unions will sometimes protect incompetent nurses, like the one you had a problem with. I'm not going to dispute that. But, the flip side is that a union would have also provided you with some protection for your situation. With a union contract, they usually can't just arbitrarily fire people. Is it foolproof? No. They can still fire you. But they usually have to make a case for it.

As far as Texas wages, I'm not surprized that they haven't been keeping up with inflation. One of the reasons the California union has been successful is that they have been willing to go out on strike. A lot of nurses don't like this, but it pays off in the end because when the union negotiates and says they'll walk ... management knows the union means it. That's what it takes to get any meaningful pay increases.

And yes, union dues are mandatory if you work at a union facility. Gauge is also right about that. But if you really don't like what the union does, you can have your dues paid to the charity of your choice.

:cool:

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