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.
tnnurse, you know i am in your corner, keep up your strength and i pray you will prevail in the mediation talks.i cannot fathom that some nurses just have no idea how quickly and unexpectedly they can find themselves wrongly accused or retaliated against, the "corporation " is not your buddy.plus there are people out there in every walk of life that have absolutely no scruples and if you think you can insulate yourself from these types of folks, think again.
ingelin,...i know what you are saying.you are taught in nsg school the "rules" of a perfect world...you know the one.....the one where during every procedure the patient lies completly still and is never confused........the perfect world of "functioning by the nurse practice act and being a safety advocate "-....the perfect world of "where administration and following all the reporting practices and policies"of the hospital is expected and that you will never be sanctioned" ever ever for following those policies and state laws. well....that is "the ever so evasive" perfect world. and we all know...we dont live in that perfect world. healthcare is big bussiness and as some of us have niavely learned....big bussiness is not guided by an ethical compass.it's sad and just plain wrong .....esp when the business is treating the sick of our society.that is where ethics should be the strongest...
Sorry can't offer much in way of advice but just want you to know you are doing a wonderful thing by following through - so many of us have been in that kind of situation (although not to the point of being fired) where nepotism comes above patient safety. Keep the post going and keep us up to date on the outcome.
Sorry can't offer much in way of advice but just want you to know you are doing a wonderful thing by following through - so many of us have been in that kind of situation (although not to the point of being fired) where nepotism comes above patient safety. Keep the post going and keep us up to date on the outcome.
I wish you all the very best
Thanks shelly_oncRN....like I said...I hope it helps someone else going thru the same thing. I was very niave when all this began. Now I have had my "awakening". I have had probably hundreds of people contact me with similar stories to mine....I have heard from other nurses...to physician assistants....2 MD's...a couple RT's....but the majority have been nurses. I know alot of states are trying to get healthcare worker specific laws on the book for "SPECIFICALLY" healthcare team members to prevent retaliation ...thus providing more legal protection for us. Texas is a great example of that. You know....I dont know what all the answers are to this type situation. I dont know if labor unions are the "right answer" or not ....bc about 2 pages back on this thread it really reads like the nurse was basically "hoodwinked" by their union rep ( and I have heard acct's like that more than a few times). I think....enacting the healthcare worker "specific" antiretaliation laws like Texas did would be a step in the right direction. This thread....has had some awesome nurses that have given me a wealth of advice that I deeply appreciate. Throughout this 1+year new nurses have posted along the way as they or a coworker were going thru events similar to mine and I hope I have helped them in some small way. Looking thru my correspondance the other day I totaled over 86 other healthcare team members that had contacted me in this last year to share their similar stories.....and that is 86 too many people. Most were from states that didnt offer much legal protection from retaliation and that...is something that each State Nsg association can rectify.
I don't see any need for this thread to die...not until the mighty corporations who pay lip service to their so-called "mission statements" are brought to their knees. My own father was a victim of unsafe practices at a nursing facility and not only did the State do nothing when my family and I reported their neglect of him, but our lawyers made off like bandits, too. Keep it going...and stay strong!
Thanks shelly_oncRN....like I said...I hope it helps someone else going thru the same thing. I was very niave when all this began. Now I have had my "awakening". I have had probably hundreds of people contact me with similar stories to mine....I have heard from other nurses...to physician assistants....2 MD's...a couple RT's....but the majority have been nurses. I know alot of states are trying to get healthcare worker specific laws on the book for "SPECIFICALLY" healthcare team members to prevent retaliation ...thus providing more legal protection for us. Texas is a great example of that. You know....I dont know what all the answers are to this type situation. I dont know if labor unions are the "right answer" or not ....bc about 2 pages back on this thread it really reads like the nurse was basically "hoodwinked" by their union rep ( and I have heard acct's like that more than a few times). I think....enacting the healthcare worker "specific" antiretaliation laws like Texas did would be a step in the right direction. This thread....has had some awesome nurses that have given me a wealth of advice that I deeply appreciate. Throughout this 1+year new nurses have posted along the way as they or a coworker were going thru events similar to mine and I hope I have helped them in some small way. Looking thru my correspondance the other day I totaled over 86 other healthcare team members that had contacted me in this last year to share their similar stories.....and that is 86 too many people. Most were from states that didnt offer much legal protection from retaliation and that...is something that each State Nsg association can rectify.
I am one of the many nurses TNNurse is refering to. Thank God my state does have a Healthcare Worker Retaliation Protection Law. These state laws have one big flaw though, they usually are held in front of an Administrative Law Judge who has the sole authority to find in your favor or dismiss the case. I was fired in April 2005 for reporting unsafe /illegal practises by my ex employer.I had my ALJ hearing in Nov,2006. My case was dismissed due ALJ error in interpreting the law.I am now in the appeal process and my attornies have assured me we will appeal all the way to the Supreme Court if need be. What we really need is a Federal Court that will hear these cases in front of a JURY.Much more clout. It is way past time that these multi billion dollar a year healthcare corporations get more than just a slap on the hand, they are unbelievably unscrupulous. TNNurse and myself know this FIRST HAND .I am hoping that with this new congress and hopefully a new DEMOCRATIC administration in 2008 we can see some improvement in our abysmal working conditions .
I am one of the many nurses TNNurse is refering to. Thank God my state does have a Healthcare Worker Retaliation Protection Law. These state laws have one big flaw though, they usually are held in front of an Administrative Law Judge who has the sole authority to find in your favor or dismiss the case. I was fired in April 2005 for reporting unsafe /illegal practises by my ex employer.I had my ALJ hearing in Nov,2006. My case was dismissed due ALJ error in interpreting the law.I am now in the appeal process and my attornies have assured me we will appeal all the way to the Supreme Court if need be. What we really need is a Federal Court that will hear these cases in front of a JURY.Much more clout. It is way past time that these multi billion dollar a year healthcare corporations get more than just a slap on the hand, they are unbelievably unscrupulous. TNNurse and myself know this FIRST HAND .I am hoping that with this new congress and hopefully a new DEMOCRATIC administration in 2008 we can see some improvement in our abysmal working conditions .
Ingelin,...It's like I told you the other day.....when your case is presented on appeal the ALJ will follow the letter of the law I feel. These type cases (unfortunately) take awhile to work out in the legal system.Judges are growing less and less tolerant of healthcare facilities brushing these events under the rug and leaving safety advocating employees in their wake. I dont think they want to be known as the Judge who allowed the safety of the public to be placed at risk for any reason,...be it unsafe actions and conduct ...or be it unsafe staffing ratios that prevent nurses from providing safe care.
hi...i promised you guys that id keep you informed of what happened in my case.it is over! i am probably one of the few that well documented eveything and took a proactive stance on recording (literally) everything.the nurse who was functioning unsafely lost their job, moved out of state etc etc. i reached a "undisclosed" agreeable amt of money that afforded me alot of future opportunities. my employment refernce at that facility now is good and all future employers will be told my dates of employment and accomplishments at that old job and will not be told any negative information.i just got back from cancun mexico where i took several family members on vacation ) pd for by me....well actually by the hospital!)and i am "ok"...i am really "ok".it was tough...to try to do the "correct thing" only to find that large healthcare facilities dont want to truly be patient safety advocates . they'd rather try to bully employees into remaining silent.in my case it didnt work. i paid dearly (emotionally) for speaking up for my patient.even though i am happy with the amt of money i received....it still isnt enough to pay for the emotional trauma i endured at being retaliated against from my previous employer....but....i have to say i dont regret it.large hospitals need to realize that we are caring for people....and when lives are at stake .....they need to realize that these are people with families , friends , mothers , fathers ....and when a hospital allows a person to function incompetently then they have to be held accountable. so..i am "ok"...finally it is over and i am ok.
Specializes in Alzheimer's, Geriatrics, Chem. Dep..
... when a hospital allows a person to function incompetently then they have to be held accountable. so..i am "ok"...finally it is over and i am ok. [/size]
awesome awesome awesome! brava! i am so happy, and happy for you!
Keysnurse2008
554 Posts
ingelin,...i know what you are saying.you are taught in nsg school the "rules" of a perfect world...you know the one.....the one where during every procedure the patient lies completly still and is never confused........the perfect world of "functioning by the nurse practice act and being a safety advocate "-....the perfect world of "where administration and following all the reporting practices and policies"of the hospital is expected and that you will never be sanctioned" ever ever for following those policies and state laws. well....that is "the ever so evasive" perfect world. and we all know...we dont live in that perfect world. healthcare is big bussiness and as some of us have niavely learned....big bussiness is not guided by an ethical compass.it's sad and just plain wrong .....esp when the business is treating the sick of our society.that is where ethics should be the strongest...