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

I am praying you get justice. You know you're right. So how would this look to the public in this age of the "patient safety act"? Looks like your former employer is in a darker age. I wish you all of the best.

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Sunstreak...I have already "moved on with my life".....but...let me put it to you like this.

1.If you were walking down the street and got mugged, your money stolen, beaten up...and then you could prove who it was that actually mugged you.Would you "just let it go".I bet not.So...even though...I already have another great job...it doesnt change the fact that I was still "mugged".And as far as what the nurse manager thinks or doesnt think........its kinda like this. She ...is ....a....fabricator..a liar.She has left that hospital ina tight legal position....bc.....I audiotaped. So...that hospitals atty....is going to have to explain to the judge/jury ......"well....yes....she was lying when she said that...but now she is telling the truth.......yeah...we know she lied about what day this alledgedly occurred on.....but please believe me now....shes telling the truth". Sunstreak....my family and I lost my retirement, benefits etc...all bc......I was "mugged"....so...even though I have "moved on"...people and facilities have to learn for every action there is a reaction...and we all must answer for our actions.While some hc facilities may have made nurses go straight to work without orientation..it is not safe.Only "questionable" nurses would be willing to accept a position with no orientation...thats kinda like playing russian roulette with your nsg liscence....and if you accept a position with no orientation....then my friend... in the game of management "tag" you will always be "it"...you will be their scapegoat.And...in regards to endangering patients in a icu ....there is no excuse for it.I hope you have taken additional malpratice insurance out....bc...unless you are "just talking" ( said jokingly ) you will eventually need it( said seriously).We all have to answer for our inactions and actions.Nsg isnt a job...like fast food.....you deal with sick people....and if you dont have a strong ethical and moral "core"...then you dont belong in a ICU.BC..if ya want a job....where you are not "accountable"...go to work at mcdonalds. Nurses can now be charged criminally for their inactions and actions....manslaughter....negligent homicide. Dont let someone force ya into a job with no orientation. It doesnt make you "superman" bc you can function one day without a sentinel event in a job with no orientation...it just makes you reckless with your liscence and a liability issue....you worked too hard 4 that!:clown:

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OMG OMG OMG

Who's got the cujones to take on this outrageous problem?

Panhandler... we nurses have to take it upon ourselves to create change. Too many of us are not as outspoken as TNNURSE. Having a union at her hospital would have provided her with a process to fight her termination. If we wait for others to fix our problems...we won't have any nurses to take care of us when we get old and sick! :rotfl:

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My heart goes out to you in this situation. I am facing a difficult situation, myself. Anyone with advice, please SPEAK UP!

I work 12 hour shifts in ER, where the pace is fast. our state requires that nurses be given a break after 4 hours. We are allowed one break per day. This means that any way you divide up the hours, a nurse will be working greater 4 hours without a break.

I find that I become mentally fatigued after about 5 straight hours of running. No allowances are made for breaks. I've spoken up LOUDLY, and, in response, have been told that I will need to transfer out of the dept, due to my "frustration."

Any words of wisdom?

Thanks, AngelGirl

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Specializes in Clinical Research, Outpt Women's Health.

Once again the problem is a lack of unity. If the nurses you both worked with would stand by your sides then mamagement would have to do the right thing. I really, really respect both of you for speaking up and I am very sorry about the lack of support from your co-workers. Best of luck to both of you.

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I work 12 hour shifts in ER, where the pace is fast. our state requires that nurses be given a break after 4 hours. We are allowed one break per day. This means that any way you divide up the hours, a nurse will be working greater 4 hours without a break.

Report the situation in writing to your HR department. Ask for immunity from retaliation, and ask for annonymity. Ask that a copy of your report be put in your personnel record. Any nursing supervisor knows that you must be given the opportunity to take a break, or paid overtime if you willingly do not take it.

You are being screwed from 10 paces with no kissy-kissy.

FRONT DOOR:

If there is any retaliation, report the situation to your local newspaper, and report your institution to the state. Labor laws are in place because in the past, employers have screwed over the health and well-being of their employees ... again, it is ALWAYS ONLY and ALL about the money... you will get fired, but hey, that's better than not getting a chance to empty your holding tanks every four hours.

BACK DOOR:

A minimum of three nurses, with each other for witnesses, goes to the full-time charge person and voices a verbal, friendly complaint.

Repeat as necessary.

Reminder, don't act alone. YOu will be fired.

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AngelGirl: you don't have to ask to have a break. Tell them you are taking your break in ten or fifteen minutes.

Then do it.

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If you were walking down the street and got mugged, your money stolen, beaten up...and then you could prove who it was that actually mugged you.Would you "just let it go".I bet not.

No, but I wouldn't just let it go but I wouldn't have to "prove who it was" that mugged me, because it wouldn't just be me. There are laws against mugging another person and stealing their money, meaning the police would be involved.

Unfortunately, your situation is different: there are no laws (or nothing similar) regarding it because it ALL comes down to "he said/she said" type things and what the definitions of "safe staffing", "competent/incompetent" are, etc.

Yes I know there are laws regarding the workplace. But they are very vague, usually, when dealing with this kind of thing. And if TN is an "at-will" state you are already screwed because they can fire you for any reason.

.And as far as what the nurse manager thinks or doesnt think........its kinda like this. She ...is ....a....fabricator..a liar.

It doesn't matter if she is a liar. You don't have to be honest to be in management....in fact, I imagine being a liar probably helps. LOL.

So...that hospitals atty....is going to have to explain to the judge/jury ......"well....yes....she was lying when she said that...but now she is telling the truth.......yeah...we know she lied about what day this alledgedly occurred on.....but please believe me now....shes telling the truth".

Do you HONESTLY think there is going to be all this reaction because you can bust someone in a lie??!?

my family and I lost my retirement, benefits etc...all bc......I was "mugged"....so...even though I have "moved on"...people and facilities have to learn for every action there is a reaction...and we all must answer for our actions.

Yes but they don't answer to you, fortunately or unfortunately. They are going to dojust exactly what they WANT to do.....and the fact is, there isn't a **** thing you can do about it. If you have another job then go with that. Make that a great job.

Dont let someone force ya into a job with no orientation. It doesnt make you "superman" bc you can function one day without a sentinel event in a job with no orientation...it just makes you reckless with your liscence and a liability issue....you worked too hard 4 that!

Excuse me, I'm not "reckless with my license and a liability issue" thank you...I'm very much a patient and nurse advocate.

I probably ought to go back and read all of your posts about this matter but I haven't because they are so long......and truthfully, I don't think it would matter because this really sounds like a personal thing between the NM, you, and her friend. I'm sorry but that's the impression I get and what you are doing seems very self-destructive.

Maybe I am wrong as I said, I haven't read the entire thing but what I did read sounded like you just couldn't deal with the new person on the floor.........sorry but it's just my opinion......I really and truly think this is a personal thing. Sorry if that offends you but honestly, reading your post I do get that impression.

Edited to Add: My best advice to you would be to lobby for new laws regarding these issues. Be involved on the legislative level because imo this is just going to harm you and your career. You won't be able to help anyone once your career is gone. Protect that and work on making changes. The CA nursing union did....I'm thrilled that Ahnold didn't get re-elected!!!!

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I don't have any help to offer, but I'm sorry that happened. I have heard of signatures being forged in nursing, though it didn't really relate to pt. care.

I don't think it's right that your supervisor also supervises her best friend. That's just asking for trouble.

Thank you for being willing to stand up for your patients.

I respect you so much for what you did. It is very difficult to stand alone and do the right thing when you are in jeopardy of repercussion.

We used to have that same " work at will situation". People lost their jobs for alot less! We did something about it. We have a contract that spells out how we can work in a facility and know that management must treat us fairly. We aren't alone. A contract gives nurses a concrete way to support one another in situations as you are in,and a chance to work with management to provide good,safe patient care,and enjoy a pleasant workplace. I know that doesn't help with your immediate problem but it is certainly something to consider for your next job. I have been an RN for 34years and wouldn't consider working with out the protection and support of a healthcare workers union. If you have specific questions for me as to how a contract would have avoided your firng,please email me back.

Sandy Rn 1199 SEIU

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I have been an RN for 34years and wouldn't consider working with out the protection and support of a healthcare workers union.

You hit the nail on the head....I've never worked where there is a union, I hope to one day.

This is the REAL hope for nurses IMO.

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Sun streak.....didnt mean to come on too strong to ya there.Everyone has certain things they feel incredibly strong about......and pt safety is my "issue". And as far as there not being any laws against what happened to me......actually....believe it or not there are laws. "At will" employment states have very very few exceptions to the "at will" statute.However, retaliatory discharge is one of those exceptions.The laws basically state that if you were fired to prohibit you from speaking publically...or bringing a patient safety issue forward to even your risk management dept .....then it is illegal.And these laws allow retaliatory discharge employees a "protected class" status.We are offered legal protection from any reataliatory acts by the employer.Will it be the same as assault?no...but...it opens serious punitive damage awards.And unfortunately...in healthcare ofeten times ...thats the "only" thing they understand.It is the "only "thing that makes them stop harassing employees who are acting on the publics safety behalf.And...I have all the proof I need to prove a very strong retaliatory discharge case.Do I wish my hospital had just done the correct ethical thing ?yes....yes I do.....but unfortunately they didnt. Does that make me sad? yes...it does.And as far as this NM...its bizarre....I actually have always liked her.So..I didnt have any kind of vendeatta...or anything like that. This NM is not a "mean" horrible person.....but simply a person...who out of some sort of misplaced/misguided love for a friend attempted to block me from bringing not only "my concerns"...but the numerous concerns of experienced tenured nurses concerns over the confused and inappropriate actions of her best friend".So....honestly.....my heart kinda goes out to both of them.But....ya know....tonight that could be you that ended up in that ICU bed.......and if that were you....you...and your family would expect the nurses to continue to speak up to ensure her knowledge deficits were resolved.Knowledge deficits in a icu have to be resolved...and resolved quickly.BC...this isnt equipment we are dealing with...it is.....your mother, your father, your best friend,...your spouse...your neice...your nephew..your child.Every person lying there is just as "important" to someone as these people would be to you.This is just something I feel very strongly about. The state nurse pratice acts and the public protection acts...actually make it illegal for us to do/say nothing.In some states it is criminal and nurses can be prosecuted in a "clause " of negligent homicide if we say nothing. And you guys are right....I never really thought about the magnitude of not being represented by labor unions until this,.....and another point is you are correct by saying that upper mgmt...at times....doesnt do the right thing ethically ...until they see that it is going to hit them in the wallet.When...I say...this whole ordeal...has made me " sad at heart".....thats what I mean. This has never been a personal issue between me and this NM....we actaully got along decently. She even sent me an email a few hours before I complained about her best friend "thanking me for all my dedication to the nsg staff" for something I did. So there was no animosity....it wasnt personal....never was.....it was strictly an ethical decision for me.And for my ethical decision....I lost my job....my kids lost their insurance...I lost my retirement.That isnt "ethically" right...and in my state it isnt "legally right" either. At times....all that is ethically wrong isnt necessarily legally wrong....and all that is "ethically right...isnt necessarily legally right".....but this time....I was ethically and legally correct in my actions...and they were very much unethically and illegally wrong in theirs.".I am legally protected under several pt protection and retaliatory discharge whistleblower statutes...

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12/15/05 Excellent commentary. Pitty the fools, younger and older nurses alike, who have failed to see the motives of some of the hospital bureaucracy. Their mission statement of serving humanity and ministering to the sick. It's all about money, even the non-profit religious facilities. People will sell their souls for money. The AHA doesn't give a damn about their largest pool of employees, we nurses or as you put it slaves. We need to unionize, I currently work in a union facility and it does make a difference, there is job security.

Take care all.:chuckle

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