Wow, this is very hard to take in. I was just fired for something that I didn't even know I did wrong. I used my nursing judgement in Friday when a patient did something and I wrote a note about it. I even checked with 2 other nurses (sitting at the desk with me) to make sure a general note was adequate not an "expanded note" and they said that's all they would do too.
In any case it's the "termination process" that's killing me here. I was advised by a supervisor over the weekend to check in with someone from administration to review my "file" on Monday. Monday morning I get a phone call from another supervisor about Fridays incident, I explained in full detail. On my way in on Monday I get another phone call about Fridays "incident," I explain in full detail, said that it's all in my note and asked if I had anything to worry about. We arranged to meet Wednesday. I told her I was on my way in then anyway, she said not necessary.
I went in to review my file. My DON saw me, glared and went into her office. I went to see an administraitor I had a good connection with and told her that I wanted to sit down with her and review my file in private. We ran around for 10 minutes until I was told that the DON was ready to see me. I said that I wasn't here to see her and we were meeting Wednesday. Didn't seem to matter.
I went in. DON at her desk. Supervisor who called me at a table taking notes. They told me that I was suspended and I wasnt supposed to be there. Nobody had told me I was suspended before this. We had only aggreed to meet on Wednesday. They asked me to explain Fridays events where I did nothing wrong. I explained. I was criticized. I defended. They yelled. I started sweating, shaking and told theme that I had only come in to see my file. I left the office.
I was pulled into HR. They showed me my file. HR went to see my DON. The administrator I "trusted" came in to see me. I tried talking to her about my write ups to understand them because I didn't and then she started asking me about my wedding, insisting we lighten the mood and talk about that instead.
HR returned and said I needed to go back to the DON's office. DON, Suservisor, HR and me. I was told that I broke policy. I asked what one and if I could see it, they said no. I asked HR to advocate for me, she said that she has to advocate for everyone in the room, including the DON and Supervisor. I was handed a paper that said I was terminated. I told them I did what I was trained to do, they need to re-educate the people who trained me. They said this isn't about them, this is about you. I got up and walked out. HR followed my yelling "I'm going to need your badge!" I tried to step into an office she said " you can't go in there!" Then "don't forget to bring back your badge!"
I don't know I'm mixed up. I was looking for other employment and I'm about 90% sure I have another job. But this termination process seems very weird. I have felt like my head had been on a chopping block for weeks and I think they were looking for anything to kick me out. Should I do anything about this? If so, what?
I am not saying I know law. I do know that a coworker was terminated, the paper trail leading to her dismissal was immaculate. Her brother was a lawyer, got her reinstated and 20K to boot. All depends on the right lawyer, should OP choose to fight the termination.
I believe that there may be a misunderstanding of "right to work state". That term simply means that there can be no 'closed shops' in which all employees MUST join a union. That's all. It does not mean that residents are deprived of rights granted by Federal law. My state has a well-known anti-union/organized labor stance, but that doesn't mean that unions do not exist here because they do.
We can certainly sue for any sort of unlawful treatment, employment discrimination or wrongful termination. This is strongly supported by one of our other 'claims to fame'.... lawyers who are renown for their ultra high-dollar litigation.
Specializes in Palliative, Onc, Med-Surg, Home Hospice.
I believe that there may be a misunderstanding of "right to work state". That term simply means that there can be no 'closed shops' in which all employees MUST join a union. That's all. It does not mean that residents are deprived of rights granted by Federal law. My state has a well-known anti-union/organized labor stance, but that doesn't mean that unions do not exist here because they do.
We can certainly sue for any sort of unlawful treatment, employment discrimination or wrongful termination. This is strongly supported by one of our other 'claims to fame'.... lawyers who are renown for their ultra high-dollar litigation.
Okay, not right to work but at will. SC is an at will state and an employee can be terminated for any reason (or nor reason at all) unless it is based on a protected class. It can be very very difficult to prove wrongful termination in SC. And I have, in the past, tried. My father also tried (he was actually terminated for age) and was not successful (even with a top employment attorney in SC) even though the company he had worked for effed up.
Suing for unlawful treatment and discrimination (which is still hard in this state, just ask my dad) is easier but when you work in an at will state, where it is legal to terminate based on "I don't like you", it's extremely difficult to prove wrongful termination.
Wrongful termination is hard to prove in at will states. Lawyers are expensive. It can be done, however, if your facility has a written protocol for how terminations are supposed to be handled and the facility deviates from that. I'd ask to see your employee handbook if you haven't already got a copy.
If you feel that you have one foot out the door and you are asked to come in and meet with the manager/director/administrator/head honcho, or whatever about an incident (directly related to you), say "I will need to check my schedule. I'll contact you." Then, send a resignation letter in writing, via email, pronto.
Don't give them that chance to say in writing that "we met with so-and-so, and warn so-and-so, and so-and-so's performance is below average, blah, blah blah." Otherwise, the writing goes on your record and you will be blocked from going to another unit at the hospital, even though their accusations are as weak as sin.
Again, don't meet with them. By resigning without a meeting, any negative evaluation post-resignation would look retaliation.
Plus, resigning > termination. With a termination, you have to report the job.
If you feel that you have one foot out the door and you are asked to come in and meet with the manager/director/administrator/head honcho, or whatever about an incident (directly related to you), say "I will need to check my schedule. I'll contact you." Then, send a resignation letter in writing, via email, pronto.
Don't give them that chance to say in writing that "we met with so-and-so, and warn so-and-so, and so-and-so's performance is below average, blah, blah blah." Otherwise, the writing goes on your record and you will be blocked from going to another unit at the hospital, even though their accusations are as weak as sin.
Again, don't meet with them. By resigning without a meeting, any negative evaluation post-resignation would look retaliation.
Plus, resigning > termination. With a termination, you have to report the job.
THIS.
(except one thing... they may not tell you why the meeting is needed, covering under "we just got to have a talk", or they may lie. I was once called under premice "to speak about promotion to permanrnt job", and left without any.
Specializes in Palliative, Onc, Med-Surg, Home Hospice.
The term is "employment at will" - "right to work" is something entirely different.
I finally figured that out. I know that SC is at will and I still keep calling it right to work. I am going to blame being tired, every single time I say it. Just me not thinking.
I think you mean "at will" state. In a right to work state you can't be compelled to join a union as a requirement for employment. In an at will employment state one can terminated for any reason, or no reason at all outside of the setting of an employment contract or certain protected status. With the exception of Montana, all states are considered at will employment states to some extent or other.
While it's harder to win a wrongful termination suit in an at will employment state, it can be done. That's why the OP needs to see an employment lawyer and further explore her or his options.
Been there,done that, ASN, RN
7,241 Posts
I am not saying I know law. I do know that a coworker was terminated, the paper trail leading to her dismissal was immaculate. Her brother was a lawyer, got her reinstated and 20K to boot. All depends on the right lawyer, should OP choose to fight the termination.