Published Aug 20, 2010
benito1978
5 Posts
Hello all,
well i'll try to keep this short and sweet. I am being terminated for what my manager is calling noncompliance. My ACLS expired and I renewed it a few weeks late. On the day of my one year evaluation, my manager makes a big scene about it at work and suspends me. After renewing my ACLS,i resume patient care. two weeks later I get a "formal" letter of my suspension/disciplinary action - to which i thought was a warning, and proceeded to move on with my duties. Today I get a call from my manager, and she nonchalantly tells me that "HR" decided that i would have to be terminated for not completing my ACLS recertification on time. Does anyone else think there is something wrong with this story? I told my boss that I would not sign any papers until seeking legal representation. I'm due for a retention bonus in three months and we are currently overstaffed. I can't help but think these other issues played a role into the decision to terminate me... Also, there are colleagues of mine who forgot to certify on time and they have gotten raises... go figure... I know I was in the wrong for not keeping up with my certifications, but to terminate me for it??? Any advice would be appreciated.
Worried RN
caliotter3
38,333 Posts
It is best to toe the line and stay under the radar in bad economic times. You say that you knew about the overstaffing so you should have been extra diligent. See an attorney. S/he should be able to make a case out of the fact that others who had the same problem got raises instead of terminations. Good luck.
eriksoln, BSN, RN
2,636 Posts
I'm sorry you are having this issue. I hope it resolves itself in a way that is quick and reasonable for you.
I have to agree though, there are certain times we have to be extra careful/diligent. I had to be that way all the time when I was a travel nurse.
I was in a situation where the unit I had been working on over hired travel nurses. One nurse who had been hired and worked one day was let go because she refused to work outside the agreed upon shifts in the contract. She was a day/evening nurse and they wanted all evenings. She got a call at home not to come in. I knew they were looking to let more people go, and I was high on the list because I only had three weeks left.
They gave me the impression I'd be allowed to stay since I was flexible, but in the end I gave them ammo to use against me that was too tempting to pass up. Someone was downstairs for a long time with PT/OT and missed a dose of IV antibiotics. I administered the due dose as soon as they returned, but it was for 1200 and wasn't given till 1350. I got caught up in D/C's and calling the pharmacy to reschedule the doses according to when they got the dose I gave slipped my mind. It was written up as a medication error and all. I was let go. Mind you, 90% of the staff nurses did not reschedule antibiotics. Some even told me it was a waste of time, couldn't understand why I did.
My company at the time threatened to bill them for my remaining three weeks due to the frivolous nature of my release. Not that they could have enforced it or anything. So, in the end, the hospital, through pursed lips, somewhat admitted they simply needed to let people go and my firing was revoked. I had landed another job and wasn't returning, but having the paperwork done in a way that looked like a mutual agreement to end the contract early was better for me.
After that, I walked on pins and needles making sure I did not give anyone looking for people to let go ammo. Its just the nature of the beast these days.
iluvivt, BSN, RN
2,774 Posts
I think that is a bit much...some facilities will offer a short grace period as many do not offer the ACLS monthly. The key here is that there is a double standard as others in a similar situation as you were treated in a different and more favorable manner. The other thing to check out is that if it is mandatory did they allow you time to get it done...were you scheduled on the day the class was? Do you have a union? Do you have a grievance process to follow....you can file a grievance...have all your ducks in a row..Why did you let it expire? YOU also need to check your exact job description for your unit......if it does not state as part of your requirement that you have to have ACLS .....you got them...make sure you look at it...some places as far behind on updating their documents and they will not have a leg to stand on. What happened that you did not get it done...is there a reasonable explanation.....do you have any other disciplinary actions??
LittleOneRN
18 Posts
I don't know if this helps, but at my facility if you do not get your CPR/ACLS by the time it expires, you are taken off the schedule until it is accomplished. You also cannot use PTO, so it is a pretty good incentive to get it done as you will be out of work without pay.
pagandeva2000, LPN
7,984 Posts
The same with my facility. Nurses who don't recertify their license are taken off schedule until it is taken care of. No use of sick or vacation leave. Sorry it happened...I think they should reconsider their decision.
Jolie, BSN
6,375 Posts
If your job description or your employer's policy requires ACLS, it would be prudent for your employer to pull you from working until you meet that requirement. Allowing you to work without it could be a legal liability as well as raise issues with accreditation agencies such as JCAHO.
If you are unable to work, it then follows that you are no longer useful to them as an employee, and they would be justified in terminating your employment.
What makes little sense, if I understand your post correctly, is that they allowed you to work during the time that your ACLS was expired, then terminated you after the fact.
Perhaps you can pursue an investigation as to whether or not that is consistent with their handling of similar situations with other employees, or whether you were singled out.
I'm sorry for your situation, but agree with the others that taking chances during a time when employers are looking for reasons to get rid of experienced (and expensive) employees is never wise.
tokmom, BSN, RN
4,568 Posts
Yeah, should have got it done sooner. But how they are handling it now? I take it you are not unionized. Too bad if you aren't. I don't think they have a leg to stand on.
Ciale
284 Posts
I'm in HR. We don't fire employees, managers do. Just like we don't hire them, managers do. Now if they call seeking advise on a particular "problem" employee, we will tell them if they have cause to fire them (ie enough documentation of poor performance to where they'd be covered if the employee came back to try and dispute the termination). That being said, some managers go ahead and fire an employee without having cause, without ever consulting HR. They are BAD managers. If you feel like this is the case, please call your HR department and ask to speak with the "employee relations consultant" or whoever reviews reasons behind a termination.
Simply being expired on your acls is not enough reason to be termed. Its a good reason to be written up but you can't fire someone over one thing. Unless you work in a "right to work" state and the manager just doesn't like you...then they can pretty much do whatever they want.
TickyRN
125 Posts
I agree with caliotter, see an attorney.
they are just looking for reasons to get rid of people and the manager piggybacked on your ACLS relapse.
shiccy
379 Posts
We had an instance of an RN that was put on a final for documentation reasons. Per HER account (I wasn't involved, but heard it second hand) she filed a grievance, was sat in front of the manager(s), CNO of the entire hospital, HR, etc. and the writeup was removed from her account and she is still working with us. This being said, good job on not signing the writeup, and file a grievance with HR ASAP. Lawyers help, too, obv.
Esme12, ASN, BSN, RN
20,908 Posts
Sounds to me that they don't want to pay the bonus. Look to your policy manual. If it requires that you have ACLS....the hospital cannot charge your for it (federal law) does your policy state that failure to renew is grounds for termination if it does what is the time limit. If there is no time limit and you can prove other employees have not been terminated you need to notify the EEOC and if they charge you for the ACLS and require it call the Attorney generals office of your state.