status post disciplinary action

ladyheartfixer · Nov 23, 2008

hmmm...no answers and a few drive thru looks....advise anyone?

SuesquatchRN, BSN, RN · Nov 23, 2008

I got nothin'.

GoNightingale, BSN, RN · Nov 24, 2008

I'm not clear, did the hospital just write you up with a disciplinary action report and then terminate you and then you filed a grievance? Because I was terminated for unprofessional conduct and when HR asked me if I wanted union representation (what a joke!) I asked them, well it depends, is this disciplinary action affect my license? And they assured me it would not and, that if another prospective employer called to verify employment, they would just give them my dates of employment. By law, at least in Florida, that is all the info. HR is permitted to give. They do use the word "termination date" but that is commonly interpreted as the last day of employment and not of "termination" per se.

Was this you situation?

caliotter3 · Nov 24, 2008

I was being actively blacklisted one time and only experienced "fact gathering" interviews where the questions were obviously geared to hear what I had to say about a very messy situation. I even had people making derogatory comments about my former DON. Imagine me trying to counter that. They had loads of fun trying to get me to talk about things that were juicy gossip in the nursing community and there was obviously no intention of considering me for a job. I endured these interviews and being unemployed for ages. I just kept on trying to get a job. Then for a long period I didn't even try to find work. When I went out again, miraculously someone hired me. Then another employer hired me with minimal discussion about what had happened. Since then I've been badmouthed by my former manager after he explicitly told me he would give me good references. That is how this one individual treats someone who was assaulted on the job. I tell people about this and let them draw their own conclusions. I am working and that is all that matters to me. I believe you will encounter less problems when you approach those employers that are really in need of workers. As far as I'm concerned anybody who won't hire me based upon what someone who has a personal agenda has to say, is not someone I want to work for. I let it go at that. You just have to keep trying.

greensister · Nov 27, 2008

I am sorry to hear of your stories and hope that all was sorted out eventually. I decided to put my query on this thread. It is hypothetical and I have to be discreet, but can someone enlighten me on a legal point.

If you have been suspended and then go off sick--no matter what the charge---but after a "preliminary chat" by your"superiors" (half your age and experience!) and then you are told that the suspension is lifted but you still have go to a disciplonary hearing, does this make se nse?

If the suspension is lifted then surely the original alleged crime no onger appplies and is null and void .

What would you then begetting disciplined over and what kind of warning would you get and could you be sacked if they decided to drop the suspension back on----

sounds barmy to me!

would appreciate any comments,

thanks

greenwister

caliotter3 · Nov 28, 2008

It is not surprising that another attempt to "discipline" a worker is going to occur after a previous run in with management. At a point in time that your superiors decide is appropriate, you will be terminated. Look for a job and get out of there before they get rid of you. That place is obviously toxic for you. It won't change before you are fired.

vetnrse · Dec 2, 2008

I hear you. I found myself in a similar situation years ago. same old story of supervisor doesnt like nurse for whatever reason? Maybe its because she's a she and he's a he, and doesnt like her catching him in some real underhanded behavior and lies, and she says something to him about it. It was common knowledge that he did not appreciate females telling him he errored. So at the end of her 12 (14 ) hr shift, the one he asked her to do on her day off cuz they were short,he pulls out 3 mo old incident report ( one that was never brought to her attention) and tells her she's terminated d/t order started late.(like when does that ever not happen , when at 2 hrs before the shift is ending 2 or 3 admissions get sent up. (And no, there were no pertinent ill effects from late order started,) The termination letter states incompetant performance as the reason. So she asks him. " If I was as incompetent as you think, then why did you let me work for 3 more months including today?" I dont remember his answer because I dont think he had one.

good luck , its not easy . you learn to be leary of everyone that you work for /with.

PS. one more fact of interest. This termination letter , coincidently? was given to me 1 day after I submitted an unpaid 6 mo request for maternity leave, since husband deceased and I would be caring for baby alone.

rolland542 · Jan 7, 2009

I had an incident about 10 years ago and had disciplinary action taken against my license. I was accused (wrongly) of unprofessional conduct and fired from my position of 23 years. I worked odd jobs until my hearing. I couldn't afford to pay any more for legal fees ( spent over $10K for lawyers and PI) and was "sentenced" to 6 months suspension and 18 months probation. I lived thru all of that and was able to be hired at a small rural hospital near where I live. I have been here for almost 7 years now and am looking for a new job. I have kept up all my certifications and what nots needed to work my specialty but no one will even interview me. I am assuming it is because of the action taken. Interestingly enough, one of the people who was working on the night in question recently came to me and "confessed" her involvement and that she had been threatened with termination by the hospital we worked at if she said anything at the time. She has since been fired from there for other reasons. So...what can I do? Suggestions please???? How can I let ppl know that I wasn't "guilty" and what can I do to make myself more hireable??? Thanks in advance.

First of all......check the state in which you live. Most Nursing Boards fall under administrative review. If this is so, the Administrative Rules for Judicial Review should cover something that will enable you to have a rehearing or review of the "Order" if it is based on purjured testimony. Ask this nurse if she would be willing to testify that the whole thing was a sham. If he/she will, hire an attorney and request a review/rehearing on that basis. It may be that the entire action taken against your license could be reversed.

Here is an example of a case heard in Vermont for example please search the internet for it as I no longer have the link to the document filed David S. Chase vs State of Vermont Board of Medical Practice. March 31/04. Docket Number MPC 15-0203, et al.

Oklahoma statutes are specifically this Title 75, Chapter 8 (Administrative Procedures Act), Section 317 - Rehearing, Reopening or Reconsideration of Agency Decision Paragraph C - Nothing in this section shall prevent rehearing, reopening or reconsideration of a matter by any agency in accordance with other statutory provisions applicable to such agency, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by purjured testimony or fictitious evidence.

My advice is to proceed as I mentioned above. I am not an attorney, I am just a Nurse. But I too have been through what you have been through, all based on lies. Clearing your professional license is singularily the most important thing here.

AND ALL YOU NURSES WHO PARTICIPATE IN THIS CRAP - GROW THE HE** UP!!!!!! YOU OBVIOUSLY GRADUATED FROM HIGHSCHOOL - SO STOP ACTING LIKE YOUR STILL THERE!!!! There is obviously a big problem in this industry when the Joint Commission orders facilities to have a policy in place to deal with lateral hostility in the nursing profession! :banghead: