Setting the Precedent: Nurses Fired for Being Sick

[Brenda F. Johnson]

I have not personally been fired for being sick, but I have witnessed other nurses suffering that fate. I felt bad for them and I can’t imagine what they must have gone through. We want things to be fair and just, and to be able to trust the company that we work for to do the right thing. However, employers aren’t always fair. I’m sure many of you reading this will be able to relate to the story highlighted in this article.

A nurse from Nolensville, Tennessee, Chrissy Ballard was fired this summer after being off from work to begin treatment for her stage 2 hormone-receptor negative (can’t be treated with hormones because it doesn’t have hormone receptors), and HER2+ breast cancer (tests positive for the protein human epidermal growth factor receptor 2 which encourages the growth of cancer cells). Chrissy worked with dying patients in Hospice care for a company called Caris Healthcare. This past March, Chrissy was diagnosed with the terrifying diagnosis of breast cancer. She must now face her own truth of mortality, after helping patients do the very same thing. Caris Healthcare fired her in the middle of her cancer treatment. Her termination letter states that the reason for her firing was due to “health reasons”, but that she was eligible for rehire. Caris Healthcare’s mission statement is to “Hospice with Compassion and Hospice with Grace”. Their actions towards Chrissy does not line up with their mission statement.

Not one person on earth is immune to being diagnosed with cancer, or some other diagnosis that threatens our life and well being. If the day comes that we need to take time off from work for an illness, we hope to be able to take the needed time off to have surgery and other treatments without retribution from our employer.

The Family and Medical Leave Act of 1993 (FMLA) that was initiated by President Bill Clinton, allows employees to take 12 unpaid weeks off from work for qualified reasons while their jobs remain secure. The employee must have been at the institution for 12 months in order to qualify and have worked 1250 hours during that time. Chrissy was fired just before the 12-month deadline. While Chrissy’s case is being fought in the legal arena, Chrissy and her husband say that they regret not putting her request in writing. Lawyers suggest that when you are going to be out for qualified reasons, put it in writing as to why you are asking for time off.

After reading about Chrissy’s situation, I pulled up the policy for attendance at my facility. The policy stated that an “Absence”, in which the employee must take an unscheduled absence over 4 days be referred to FMLA with a written note from a physician. Under the “organizational rights” in the policy, it tells us that the business has the right to authorize or refuse the request to be off, and are able to investigate absences to determine whether the reason is justifiable.

In the employee handbook at my place of employment, it gives the following reasons an employee can use FMLA for pregnancy-related issues such as complications, birth, and care after birth or adoption, care of a family member with a serious illness, and a serious health condition that inhibits the employee from doing their job. FMLA is also granted for military reasons including allowing the employee to take off 26 weeks for a special leave related to care for a covered service member. FMLA allows the employee to come back to work to an original or equivalent position, same pay and benefits.

In a perfect world, we would be able to take off the amount of time that we need and be able to keep the same job. However, employers have to protect themselves as well. Some employers engage in shady practices that put their employees in jeopardy. It is our job to know the law and our employers’ policies regarding time away from work. We should never assume anything. When applying for a job, make sure to check into whether they provide short term disability, long term disability, insurance, and that they fit the qualifiers to provide FMLA.

Chrissy’s surgery was successful, and now she is in the middle of her radiation treatments. The Equal Employment Opportunity Commission is investigating her case for improper firing. Her case can and will set a precedent for nurses in the United States.

Like I stated earlier, I’m sure there are nurses reading this who have experienced good and bad issues regarding their employer when faced with a life-changing event. Share your experience if you wish, or give advice to those who may be facing this in their lives right now. Below is the link to the article about Chrissy Ballard if you would like to read more about her.

A Hospice Nurse Started Chemo. Then Her Employer Fired Her.

[hppygr8ful, ASN, RN, EMT-I]

On 11/16/2019 at 7:57 PM, TXRN1012 said:

The best action we can take is to VOTE!
Most states have done away with unions and have created “right to work” laws, which means that an employer can fire an employee “at will” - without explanation or notice. It also allows an employee to quit “at will” without notice.

Find out what the laws in your state say about this. Then vote out the legislators that support it. I don’t know how one would go about trying to become unionized, but it might be helpful to look at other states and see how it was done.

On the flip side, I was threatened by a company that threatened to report me to the BON because I gave them 5 day’s notice instead of 2 weeks. They said they could report it as “unprofessional conduct.” I reminded them that Texas is an “at will” state and that it is also specifically highlighted in my contract. I also reminded them that I doubt I would have been given any notice if they had decided to fire me. They were lucky they got any notice. It was like working in a sweatshop!

In a nutshell, we have to fight at the ballot box if we want real change. Your state BON is a great source for what’s going on in your state regarding nursing laws and legislation. That’s a good place to start.

Just want to clarify for those reading that "Right to Work" and "At Will Employment" are two different things. In right to work states you cannot be forced to join a union in order to work in a union shop. In At will states either party employer or employee may terminate the relationship without giving a reason.

Hppy

[RNat55, ADN, RN]

After reading this article and the comments, I am speechless. I never knew this could happen to a nurse. Indeed we all need to know the laws and what is applicable at our place of work.

I agree that any required time off work needs to be in writing. In law, written evidence is best because there wouldn't be a situation of your word against mine (employer).

This is so sad! Glad that this is not so for all employers.

[babatee, MSN, RN]

This is what happens when perceptions overrides reality. Too many tv shows, hospital adverts and **** market nurses as super human beings. The "back in my day" crowd have finally gutted the nursing space.

[Animal House R.N., ADN, CNA, LVN]

@bubblesbanks You are so right. No one knows how debilitating mental illness is. I am dealing with a bipolar child, who has issues because of the bipolar and then different issues because of the medications she's on.

[old&improved]

Nov 15, 2019 by VivaLasViejas, ASN, RN

VivaLasViejas has 20 years experience as a ASN, RN and specializes in LTC, assisted living, med-surg, psych.

1,381 Likes; 8 Followers; 142 Articles; 9,739 Posts; 250,186 Profile Views

I was fired from a job essentially for having a chronic mental illness. I'd had to go out on medical LOA for three weeks, then came back with a very brief list of accommodations, signed by my doctor, that I needed to continue in the position. My employer shot down every one systematically; they made it clear that they didn't have to work with me and they weren't going to. End of story. I was let go three days later.

I suppose I could have fought it. I probably should have gotten on board with the EEOC and asked for a lawyer to take my case. But I was so beaten down by the circumstances that I didn't have the emotional energy to do battle. Besides, the employer would have had to give me my job back, and who wants to work for a company like that?

Now I can't work, I'm on disability and had to give up my nursing license this year because I didn't have any practice hours in 5 years. I still resent that company because I loved that job, but once they knew I was ill, it was like they turned on me and did their best to force me out. The corporate nurse told me that "it's not your fault, it's your brain chemistry." If that isn't discrimination, I don't know what is.

May I ask what kind of accommodations were recommended? In many circumstances workplaces can't provide those accommodations due to the patient population, job description, etc. I don't mean to be negative, but I know it can be hard for the employer to accommodate as well.