I'm actually not new to Allnurses but I created a new account, as I can't take too many chances of someone recognizing me. I'm sorry, it's just a complicated situation.
So without revealing too many details, I was recently terminated for being accused of a HIPAA violation. A patient's family member accused me of saying things to the patient in an area of the office that other people could overhear. No one else confirmed this, the patient did not complain, and I disputed the claim. My manager fought to keep my job, as did the HR department. Legal basically said that the complainer was threatening a lawsuit and it would be better if I was terminated.
I'm absolutely at a loss. My biggest issue is that at the clinic I worked for the offices were tiny and people in wheelchairs couldn't fit in with the door closed. That's basically what happened here and it has been complained about by the staff multiple times. I can't tell you how many times this was discussed and we told our managers that it was a very bad thing. It still has not been corrected and probably won't be any time soon so any other nurse in that dept has the danger of this happening to them.
I guess I have two questions. One, what in the world should I put on applications as to reason for termination? I have excellent references and reviews but I feel like this is going to hang over my head like a stone. Every person I worked with is in shock, continues to say what an amazing nurse I am, and the general consensus is "if they can do it to her, they can do it to anyone". Two, should I report the clinic for not correcting an issue that is only going to cause more potential HIPAA complaints in the future? Thank you for your help!
I was thinking of using something along the lines of: "Following a difference of opinion over a situation, it was determined that moving forward I would no longer be the best fit in the department". Does that sound ridiculous or evasive??
Wow! This blows my mind! I am so angry and frustrated, with your termination reasoning. So then all nurses in hospitals with 2 patients per room are at risk for this same type "HIPAA violation?" So many other examples I could give, where others are in close proximity to hear a conversation, even when spoken in a low voice. Guess we need to use hand held size white boards to communicate with our patients, from now on.
OP, I am very sorry this happened to you. I truly hope your employer does as they have told you they would, in regards to the reason why you left.
Wow! This blows my mind! I am so angry and frustrated, with your termination reasoning. So then all nurses in hospitals with 2 patients per room are at risk for this same type "HIPAA violation?" So many other examples I could give, where others are in close proximity to hear a conversation, even when spoken in a low voice. Guess we need to use hand held size white boards to communicate with our patients, from now on.
OP, I am very sorry this happened to you. I truly hope your employer does as they have told you they would, in regards to the reason why you left.
Good luck & best wishes to you!
Actually we even had a "boogie board" purchased by another one of the nurses to help better communicate with our severely HOH pts, as opposed to almost yelling at them and allowing others to hear more easily. We took steps to keep our patients' confidentiality in check within the confines of our offices and I still came out on the short end. So frustrating and hoping to find a new position soon.
An attorney may not be able to get your job back etc but they may be able to negotiate your status of being let go for cause. If a new employer calls and is told you aren't eligible for rehire it will raise a ton of red flags.
If they fired you and haven't corrected to underlying problem a letter from an attorney may help with your being hired in the future.
"nice room you got there. sure would be a shame if someone reported it to the office of civil rights since you clearly know it is a hipaa violation and you fired my client over it but never fixed it"
And as long as the emails existed it doesn't matter if you have them or not the attorney would be able to get them during discovery.
We can't give legal advice on here but it is safe to say being let go for cause and being let go without cause can be a totally different world.
I do have all personal contact info for my references. They are literally a supervisor, providers, and co-workers, if that tells you the reputation I had in that office. I had people coming out of the woodwork offering to be references. I think I'm more worried about them calling and getting HR and what will be said.
You can't control what happens if they call the office and ask for HR, but if you list your reference's personal contact numbers you are at least being given the chance that they will talk to your references who will give the good scoop on you.
Specializes in Leadership, Psych, HomeCare, Amb. Care.
I suggest contacting your local bar association, and ask be referres to an employment attorney. Usually this is that a very minimal cost, and they will meet with you for half hour or an hour, and can advise you where to go from there.
I'm so sorry for the position you are in- I can't offer any advise to make it better, but I'm not the least bit shocked by what happened. Nurses today have become expendable commodities. If there is any reason that "Nurse A" may reflect badly on the instatution- fire them- there are always more nurses begging for a job. In states where you can be fired without cause this has become common practice. You can threaten to sue the clinic yourself for defamation of your professional reputation- you may even win, but you'd never get another job. I advise every nurse to look into getting the backing of a professional organization(yes a union) to provide some protection from this kind of behavior.
I was told at the time of my termination that they would only state my dates of employment and that I was discharged for cause, not the reason given. The HR rep also specifically said "we will not give you a bad reference". They really did not want this to end the way it did. Or at least that was the impression I was given.
First and foremost, you have got to remember that human resources represents the employer's interests and is not on your side. Even though the individual you spoke with said that they weren't going to "give you a bad reference." I would not count on this. You should also be aware that while you were told that all they would provide is dates of employment and eligibility for rehire they can provide any information about your employment and discharge that they want, as long as it is factual.
I was thinking of using something along the lines of: "Following a difference of opinion over a situation, it was determined that moving forward I would no longer be the best fit in the department". Does that sound ridiculous or evasive??
I think this sounds evasive, especially if a prospective employer is told that you were "discharged for cause." Personally, and others may disagree, I think that you need to get in front of this and explain the situation to a prospective employer before they hear it from your previous one. Particularly if your personal references from this position are going to be good.
I wish you the best of luck in your job search and am so sorry that you are going through this.
I suggest contacting your local bar association, and ask be referres to an employment attorney. Usually this is that a very minimal cost, and they will meet with you for half hour or an hour, and can advise you where to go from there.
Thank you! I am still weighing my options but will definitely consider doing that. I also heard that the new director over that dept (a LOT of restructuring happened just after I was let go that had nothing to do with my dismissal) said something along the lines of "we have to continue to put the patients first and offer them medical care, even if the offices can't be changed at this time" in response to another nurse from the department questioning if any changes were in the pipeline. This says to me that they apparently aren't too worried about the offices even if they fired me over it. Makes no sense to me at all.
I'm so sorry for the position you are in- I can't offer any advise to make it better, but I'm not the least bit shocked by what happened. Nurses today have become expendable commodities. If there is any reason that "Nurse A" may reflect badly on the instatution- fire them- there are always more nurses begging for a job. In states where you can be fired without cause this has become common practice. You can threaten to sue the clinic yourself for defamation of your professional reputation- you may even win, but you'd never get another job. I advise every nurse to look into getting the backing of a professional organization(yes a union) to provide some protection from this kind of behavior.
That's the main reason that has kept me from looking in to an attorney. I don't want to be "that nurse" that sued her previous employer. It sounds cliche but I really do just want a job taking care of patients and making a living. I want to forget this ever happened.
First and foremost, you have got to remember that human resources represents the employer's interests and is not on your side. Even though the individual you spoke with said that they weren't going to "give you a bad reference." I would not count on this. You should also be aware that while you were told that all they would provide is dates of employment and eligibility for rehire they can provide any information about your employment and discharge that they want, as long as it is factual.
Yes, I am definitely aware of their position. I just meant that upon my dismissal I was given the impression this was a legal decision and that HR, as well as my manager, got no say in the final decision. Also, yes I am aware that they can say anything about my employment, as long as it is factual. I spoke to HR again yesterday and they gave more details as to what they will say to a prospective employer and I won't elaborate but it did seem like they will give minimal information.
I think this sounds evasive, especially if a prospective employer is told that you were "discharged for cause." Personally, and others may disagree, I think that you need to get in front of this and explain the situation to a prospective employer before they hear it from your previous one. Particularly if your personal references from this position are going to be good.
I have already had one interview in which the interviewer was extremely understanding when the situation was described but it was a job where I submitted a resume, I didn't have to fill out an application. I am not 100% happy with the example I included but would love any advice as to something else to say. I can't imagine putting "wrongly accused of a HIPAA violation without proof" is going to look good to someone reading an application. Thank you for your thoughts. My references are excellent, as everyone I worked with was pleased with my work and shocked at my sudden dismissal.
NewerNurseHelp
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I was thinking of using something along the lines of: "Following a difference of opinion over a situation, it was determined that moving forward I would no longer be the best fit in the department". Does that sound ridiculous or evasive??