Terminated illegally I believe

Nurses General Nursing

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I am going to try to make a very long story short. I was terminated Friday because I would not sign a non-compete agreement which was very vague and given to us with no explanations and a dead-lineo f 2 days to sign and if we didn't we are fired. Oh yeah, I work at an LTACH for 6 very rocky months as a nurse manager. The place is run awfully by a non-clinical CEO who decided to do this out of no where. i knew my job wasn't safe there, and this non-compete agreement would have not let me work within 10 mi of "Company" for 2 years after termination or leaving. There are many hospitals within a 10 mi radious, inclusing the one I left and started my career at to take this job.

I made a meeting with the CEO to ask for an amendment to the agreement before I sign. He is trying to say we can't work at another LTACH, but the agreement just says "company" he took this opportunity to go off on me, tell me I was doing a crappy job, and told me if I do not sign, I am terminated. I told him I would not sign unless he amended it to say LTACH. He said, fine then you are terminated. In front of the director of HR I made him say he was terminating me for the reason of me not signing the agreement. He was very clear about that. he said as of that day I was terminated and have 2 weeks.

SO, later HR (I am friendly with her) calls and tells me he will forget everything if I sign the agreement. I say no. not unless it is ammended, and after the attack, I don't feel safe signing it, he'll just fire me for other reasons. Then way later, my ex nurse manager form my other facility who works there also calls me and says he went into the office and sais he would not sign the agreement unless he changed it to LTACH. The CEO then says "sure, I'll change it" WTH? he told me he wouldn't and I should just take his word for it.

he wants to give me a chance now to sign the ammended agreement. I and others feel he is saying that because after he terminated me for not signing it, he consulted his lawyers, found out what he did was illegal and trying to go back on it now.

I have been told I have a case. I believe I do. I go back, then he fires me for a totally different reason. He terminated me for not signing the agreement without the ammendment THEN went and changed the agreement to exactly what I asked, and now is trying to save his butt by giving me a chance to sign it? Hell no!

So I will be talking to a lawyer on Monday. I was just wondering, should I go into work monday, even though he said I was terminated and had 2 weeks. Me going into work is simply me going as a terminated employee , getting my last paycheck and tying up lose ends, because i care aboutt he others I work with.

ANy thoughts at all on anything I wrote would be appreciated

I am quite certain that he has terminated you, and yes, that means leave now in most languages! Two weeks? What? He wants you to work 2 more weeks? He has his head up his you know what! You have no good reason (legal or otherwise) to go in there for another minute. I would recommend getting a friend to retrieve your stuff, and be in contact with the HR person right away and ask her for a letter of recommendation (ask anyone else who will write a good one too).Make sure they write the letter on company stationary, copy off a bunch, then personally sign (in blue ink) each one. Put them in your L of R folder. Next stop, the unemployment office or website. I would strongly recommend that you NOT go to a lawyer. Of course a lawyer is going to say you have a case. A case of what, though? You are angry, and you should be. But you don't need to sign over a few grand to a lawyer now, you need to find work. You need to pick your battles, and this doesn't sound to me like one to chose - trust me, there will be worse ones in the future. Cut your losses and find good work at a good place with nice people who know what they're doing. This CEO is not someone you want to be connected to in any way for a second more. He's nothing but trouble. Take a big breath, smile because you are going to sae many thousands of dollars by NOT going to a lawyer, and go do something nice for yourself, whatever makes you smile!! You'll be fine!! There are lots of *******s out there and you are walking away form one - good for you!

Good luck on your next job - it's going to be GREAT!!!!!

Redglasses

I've never heard of anybody getting a 2-week termination notice.

Something's fishy here.

when you're terminated, you are expected to leave almost immediately.

i'm thinking if he was going to try and say that you gave 2 wks notice...and that you were NOT terminated.

go see your lawyer monday, with a list of questions.

screw what your boss wants and no feeling guilty.

much luck to you.

leslie

Specializes in ICU.

Thanks for all your valuable input. I thought it was very strange I was fired with 2 weeks notice. He has a history of firing people for no reason and having them walk out. I believe he gave me the 2 weeks beacuse they NEED me.

Here is some stuff I lef tout trying to make it short. He wanted me out of my position and to move me into a liason position, because he knew I was disliking what I was doing and he didn't like my work. He doesn't understand my work, let alone, I was thrown in, had my boss fired, employee health, infection control, and the Quality person gone. Then they moved my now boss off her performance improvement role to take on the one fo the person who was fired. She is a great person, we became fast friends, and she knew what were doing to me, trying to stop it. I was operating in a every role, with barely any staff in a new place, with none of the above support. They didn't replace anyone since feb up until a week ago. I disagreed on something with this psycho micro-managing CEO a while ago and ever sicne, he has treated me like crap, practically blaming the deaths of very sick patients on ME. I believe the only reason why he didn't fire me sooner was because he had fired so many others, the staff got SCARED and he didn't want people to think they would be fired for no reason or without warning. Another nurse was considering taking my position on a temproary basis, but when they went through her file, they found her license had expired, She didn't know. So, now she is out until the 28th which is when it will be reinstated. That's your 2 weeks!

Yes, i work in at at-will state. That my be the problem here. But from what I heard, eh could have fired me for another reason, not this.

I have been absolutely miserable here, no doubt. I am a single mother of a 3 and half year old girl. My ex-husband left me when our daughter was 6 months old for another woman. He is in her life, but I always made more money, so I get crap from him. I left my bedside ICU job where i had no problems except scheduling and being paid poorly to support her. I got a significant pay increase in this role and i thought I ws making a better life for us.

I have no savings, and I can't live on unemployment unfortunately, so I would ahve to find something soon. I probably could go back to my other job, but as nights, which wasnt working, that's why I went days a few months before I left. So while I am so miserable here, I need money for my child. However, I do believe I will be terminated after signing anyways.

I think I will take a sick day monday and talk to the lawyer. An employment lawyer owes a favor to my uncle, and my uncle owes a favor to my dad. My uncle has been in the insurance business for years and years and had worked with hospitals and says this is illegal. Especially where He terminated me for not signing the agreement even though I would sign the amended agreement. he then later in the day amended the agreement when someone else came to him, with the same exact amendment I was looking for.

Also, the medical director, who I know well and from my other job was good friends with the last one who got fired. he is still angry about it and is not sending patients to the hospital anymore. Our business has been awful and we haven't even been able to pay for basic medications for patients. I am so stressed cancelling new staff we just hired who left their jobs and are now not getting paid. The place is one hot mess. I have definitely had my work cut out for me.

I am at an odd peace now, much lighter, happier in these past 36 hours. However, i am scared I won't be able to support my child. I have a per diem interview lined up, at least that can possibly supplement some pay that unemployment doesn't give me. I am scared legally to go in on monday, but the extra 2 weeks of pay would help.

I also knew he might try to force a resignation, so infront of HR, I said, "I am not resigning, you will have to terminate me for not signing that agreement, I will work here, but I will not sign it" he said "you are terminated as of today and you can leave in 2 weeks"

Pretty messed up, huh?

Specializes in ICU.

I must say I am proud of myself. I will not let anyone control me. The ones who said they weren't going to sign the agreement did, but they agreed to the amended. This guy likes to control people, pretend like he is the nicest person in the world with his "open door" policy, kissing staff ont he cheeks when he comes up on the floor. he could sell anything, that's for sure, but I think doe to my life experiences, I am one of the few who can see right through him, and I am the only one will balls enough to stand up. That's the way I was raised.

[quote=redglasses; Take a big breath, smile because you are going to sae many thousands of dollars by NOT going to a lawyer, and go do something nice for yourself, whatever makes you smile!! You'll be fine!! There are lots of *******s out there and you are walking away form one - good for you!

Good luck on your next job - it's going to be GREAT!!!!!

Redglasses

I'm sorry, but no amount of slap-happy giggletoss is going to change the fact that he or she is out of a job now, in a tight market, without a good reference. It may or may not be worth it to get a lawyer and fight it, that is up to the OP. This is something that really begs for legal expertise in telling whether or not it is worth pursuing; I think it would be worthwhile to consult a lawyer. I wish him/her luck with it, whatever he/she decides. At least OP didn't sign the non-compete agreement and can hopefully find work at one of the other facilities.

Specializes in geriatrics, IV, Nurse management.

Good luck OP. My thoughts are with your during this complicated and difficult time.

Specializes in ICU.

I do luckily have good references from this facility, just not the CEO. And the medical director would give me an excellent reference, because when he finds this out he is going to be even more ******. I am not worried about references, but I am right now unemployed. That's pretty scary given my situation. I will not be in on monday, I will atleast speak to the lawyer. Hey, if I can scare the hospital out of a large severance, then I can have time ot find something else.

Ah! FREE legal advice. Now that's another story. That's almost always worth the time. I would be very interested in hearing what he says. Keep this in mind. For every minute you work in an institution that is not able to give its patients the meds they require you are jeopardizing your own license. Maybe your parents can lend you the 2 weeks pay you would make by going in. A hot mess sounds exactly like what this place is and it is dangerous for you as a professional. You really shouldn't go back....But I support you in whatever you do. I know how tough it is to be a single mom, not that I am, but my neighbor is. She has three daughters, two with one father, one with another. Neither of the dad's pay sufficient support and she is always taking them to court. But she can't really afford the legal fees. She is WAY underemployed in her job and I have been encouraging her to get a better one and to go back to school and finish her degree - she's very bright. She has a big interview coming up and I'm waiting for her knock on my door to find out more about it.

Good luck! You have a following here, so you better keep us posted!!!

Redglasses:)

"Slap Happy Giggletoss??????" Very colorful language - I'll have to remember that. That sure was a snarky response (where are the "personal attack police" when you need them????).

I like to turn comments like this around to the positive. Nurse mom, people are really pulling for you - they are passionate about your situation and want to support you. Great good luck on the per diem interview!

Redglasses, BA, PhD, BSN, RN (ie, not known for much giggletoss)

Specializes in medical surgical.

You are in an at will state. They will not pay you unemployment. I can almost guarantee it. What state are you in? They can terminate you anytime for anything in an AT WILL STATE.

It was even in the Wall Street Journal that employers in these states are not paying unemployment benefits.

Specializes in ICU.

I live in NJ. Even if you are "at will" you can collect unemployment, but I undertand I may not have a case, we will see.

Specializes in ICU.

You make think I am crazy here, but there was one time where he engaged me in a religous conversation I did not feel comfortable having. I am agnostic, I am unbaptized, same for my child. He asked me what religon I was, I told him I believe in a high power, but not organized religion (I know, i should have never answered) he went on to tell me I should baptize my child, i need to find God and said soem very unprofessional discrimintory things. he said I should find God, because there will be challenges and I am going to need HIM. Very uncomfortable. ALmost felt threatening. He is just a strange manipulative man. I will use it if I have to.

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