Think I'm blackballed

Published

Specializes in Pediatrics.

I've worked for the same company since 2001 off and on. I left the first time for personal reasons (pre-nursing position) and was rehired after I got my license. I was put on a bed rest about six months after rehire and my job inactivated me for the duration, only to reactivate me after I had my baby. I know it's not my work ethic that is in question because obviously I am a good worker to have been essentially rehired twice.

I was per diem when I returned from having my baby but was offered a set schedule that was flexible enough for me and I accepted. While at work I was injured and although I wanted to work, I even asked my nursing supervisor to please let me do a desk job while my shoulder injury healed, I was denied the opportunity to until my restriction was lifted and I was taken off the schedule. I went to their doctor.

Then they had a concern about when my surgery was going to happen and I wasn't going to be allowed to work until after that time. To date my surgery has been scheduled and rescheduled due to workman's comp issues and of course I was inactivated due to the length of time I was out.

Our scheduler called and left a really nasty message on my voicemail about how I was no longer employed there. This was followed a couple days later by the nursing supervisor calling and telling me that it had nothing to do with me personally and she wished me the best. This was back in September.

Finally my doctor raised my lifting restriction to 30# full bearing on my left arm, 50# bearing during assist, and I can work again but everywhere I apply is a dead end. Either I am not getting a call back or I am just not being hired. I went on one interview and it went well. The HR woman and I hit it off, I thought, and they were looking for quite a few nurses. There is a great LPN shortage in this area. However, this past weekend I received a letter from the company stating that I would not be considered for a position. Now this is starting to hurt my feelings. I don't know what's going on.

Someone said it is likely because I have an open WC case (hasn't gone to court for my settlement yet) but someone else mentioned it's likely because I p'd off the scheduler who likely wrote me up without my knowledge and now there is a black mark on my file. I don't know which one it is but I'm concerned.

Whatever the situation, it stinks because it's not my fault a resident assaulted me and my shoulder will NEVER be the same again. Being that I am only in my mid-twenties that is saying an awful lot. I was not trying to hurt the company I worked for by forcing them to work short staffed or have to fill my slot on short notice, but I have rotator cuff, muscular, and nerve injuries radiating down into my wrist. I was really hurt physically (still am) and now I'm being hurt professionally.

Any thoughts?:crying2:

Specializes in ICU, Cardiac.

You said:

"Finally my doctor raised my lifting restriction to 30# full bearing on my left arm, 50# bearing during assist, and I can work again but everywhere I apply is a dead end."

And unfortunately, that lifting restriction is the problem. You are going to have to find a VERY UNDERSTANDING employer to hire you with an active lifting restriction. I know it sucks, you got hurt at your place of employment and you would think they would keep you until you are healed, but unfortunately, in the majority of cases, it doesn't happen.

I too was hurt at work - a patient tried to remove my arm resulting in a severe shoulder injury. My employer "let me" continue working in the same job role (charge nurse). At the 6 month mark, I got a phone call saying that my limited duty assignment was over and that I could not come back to work until I was 100%. My surgery already scheduled for the following month (they had kept sending me to PT saying it would be fine). I had a complicated recovery. On the 366th day after my injury, my employer terminated my employ. Of course they kept on paying for my medical care and my workman comp payments, but said that I was welcome to reapply when I was at 100%.

Luckily for me, I was scheduled to start at another facility three days after my injury. I called them, explained what happened, explained my lifting restriction and was told that I could start and they would honor that restriction. When I was able to return to work, I went back to that employer, now with a PERMANENT lifting restriction of 20 lbs. I don't think under the current management that I would be hired today, but they are stuck with me now.....

I am so sorry this happened to you.....hopefully you in a more friendly work comp state than I am in....

JennRN is correct. The lifting is a problem. If you are applying for positions, particularly in LTC, that require lifting then you are unlikely to get the job. Although it is illegal to discriminate based on handicap, you must go through many hoops, which cost $$$$ and time, in order to prove that it would NOT be a hardship for an employer to hire you and find a way around your disability when lifting is part of the job requirements for everyone.

It is also a hardship for the other staff. In these days of understaffing, it would be difficult for you to do your job if help was needed immediately to lift and no one else was around to do it. Or if the staffing was such that more than one person were on a lift restriction and no one was able to lift when needed.

Since you were terminated involuntarily, you likely have a note that states that you are not eligible for rehire. Eligibility for rehire to an employer is a legal question to ask and many employers will use a "no rehire" reference as a basis for denial of a job.

Due to the worker's comp, you probably have been entered into the national insurance database. This database is used to check and see if someone is a "good risk" based on their insurance claims. This is why people get denied medical/house/car insurance. Worker's comp is a big red flag as it costs lots of money for worker's comp claims. Many employers who provide insurance check this database to see if they can afford the premiums for the prospective employee. They also use it as a gauge to determine whether or not the person will have a higher likelihood of calling in sick, needing to be out for extended periods of time, etc.

It is not fair to the individual but it is our system and employers do have a right to do what is best for their businesses as well as other employees/pts. I recommend that you re-evaluate your nursing goals and look for jobs that do not have a lot of need for lifting. You might find better luck when you are not trying to fit your injury into a job with known lifting requirements where the need to do heavy lifting is a daily ocurrence.

From a fellow co-worker's stance, it stinks to work with someone who is on a lifting restriction. You have to do your work and then some of their's, too. Or assignments are made so that the one with the lifting restriction gets all the light, walky-talkies, and then the others get a disproportionately heavy load. I'm sorry that you didn't get a desk job; but could it be that there simply wasn't one to give you? How long would the training (ie--double pay out for the facility) be, only to have you leave it when your restriction is lifted?

There are plenty of nursing positions that don't include a lot of lifting. Nursery (even those gigantic 11+ pounders would be small enough, you know?), preadmission clinics for surgery and mother/baby, IV therapy, physician's office, public health, school nursing, case management, insurance, phone triage/"ask-a-nurse", etc, etc. Maybe you should explore one of these options.

You can start PT, and then maybe afterward, work with a personal trainer at a gym, to make sure you are doing everything possible to strengthen your body so that you do not reinjure yourself. Then, if you find it is not for you, after you are well healed and have improved your employment record, you can reapply for a position that requires heavier lifting. During your interview, you can even mention that you have been working with physical therapy and/or a personal trainer, and that you are stronger than you ever have been. Or who knows, you might find another aspect of nursing that you thoroughly enjoy in one of the less physical jobs, and the entire situation ends up being a blessing in disguise.

Good luck.

Specializes in ICU, Cardiac.
From a fellow co-worker's stance, it stinks to work with someone who is on a lifting restriction. You have to do your work and then some of their's, too. Or assignments are made so that the one with the lifting restriction gets all the light, walky-talkies, and then the others get a disproportionately heavy load. I'm sorry that you didn't get a desk job; but could it be that there simply wasn't one to give you? How long would the training (ie--double pay out for the facility) be, only to have you leave it when your restriction is lifted?

Doesn't work that way with me - I take the vented, heavy patients routinely and don't get assignments that are "lighter" because of my inability to lift.

What I need help with is a turn/position or boost and most of the time I am able to do that with just a CNA's help. I am able to care for all of my patients needs. The few minutes of my coworkers time for those items certainly does not take out of their day. I guess working with a great team of people has spoiled me.......

But yes, there are other areas of nursing for those nurses that are "lifting challenged :typing - none of which will be enough to keep my mind working as well as critical care nursing though.

But if the OP still works in geriatrics or oncology, those are floors that typically require a lot of physical work. And you yourself are obviously not terribly light duty, if you can help turn and reposition pts, and not require someone else to do these duties for you.

I'm glad it works for you, and that there is not off-loading onto your coworkers. On my floor, if you are light duty, you are almost worthless unless you don't take pts at all and do admits. Even then, the nurse counts as staffing, meaning that we still have heavier assignments.

And an aide that is on light duty--what is the point? If one of our aides gets placed on light duty, we typically reassign them as sitters. If we can't, then everyone has a heavier load, and we have the light duty aide to all the vitals and CBGs, I/Os, and just not even take a patient assignment, since they can't do most of the physical work. Several of our aides have cross trained as unit secretaries, and so if they go on light duty, they often end up as a unit secretary, if not on our floor, then on *some* floor within the hospital. They actually earn a little more as a unit secretary, so it's a good deal for them, keeps them in the organization and doesn't use up their extended sick leave if they would otherwise have to take off.

On floors with a different mix of pts, I'm sure this could be worked differently. In my experience, on my floor, someone being on light duty puts the rest of the floor in a bind. If it is something like pregnancy, or a problem that will be resolved in a few weeks; no problem, we will all work through it. If it is months long, or indefinite, we would all just rather that person go work somewhere else. Sorry to be blunt, but there you have it. I am all for helping my fellow coworker through a tough time, or if there is another position that they can have while they are recovering, that is great. But I dont' think it is fair to have someone who is on long-term restrictions stay in a position that as a job requirement has heavy lifting. If they can't do the job, they shouldn't be in it. If they *can* do the job (as in your own personal example, Jenn) then it isn't even an issue, you know?

Specializes in ICU, Cardiac.
But if the OP still works in geriatrics or oncology, those are floors that typically require a lot of physical work. And you yourself are obviously not terribly light duty, if you can help turn and reposition pts, and not require someone else to do these duties for you.

But I dont' think it is fair to have someone who is on long-term restrictions stay in a position that as a job requirement has heavy lifting. If they can't do the job, they shouldn't be in it. If they *can* do the job (as in your own personal example, Jenn) then it isn't even an issue, you know?

True, the lifting requirements would be heavier in geriatrics.....

I do have a 20lb permanent lifting restriction (one arm) - and my job does come with a heavier lifting requirement. I am able to function very well within my job description though - epecially since it normally takes two people to turn and position a patient. So, sometimes I need a third person to help pull someone up in bed, my being there, even with a lifting restriction, means that nursing team that night doesn't have to split up another 1, 2, 3 or 4 patients. Plus, my mind is still at 100%, so my critical thinking skills still come in handy....:nuke:

If you look at your typical shift, how often are you actually doing heavy lifting? In our unit, it not every minute of our shift, but I understand that varies within the scope of nursing you are practicing.

Also, true - I would be hard pressed to find a new job within a unit such as mine with my lifting restriction. I also know that my current employer would probably not currently hire me with a restriction even though I am capable of doing the job. I am fully aware that sometimes my 95% may not be enough for some - but thankfully I work with a great group of people who think my 95% is good enough and have no problem helping with that other 5%. In fact, sometimes I get yelled out by my coworkers for not asking for help..........

The point I guess would be, how much risk that institution wants to take on. Once they hire you, they now own that injury, whether it has happened on their premises or not.

I feel for the OP - you have a vision in healthcare - one that in your mind, you are not put "out to pasture" for an injury sustained on the job.....

Thanks for listening! :nuke:

Specializes in Pediatrics.

Thank you all for your insights. I am actually seeking work in venues other than ltc and oncology. I am looking for something with little to no lifting because I don't want to injure myself again. That is the problem. I interviewed for a chemical dependency job. It was NO lifting and I was a key candidate. I received the letter denying me the position. I called the HR Generalist to find out why I was denied any LPN position (the company also specializes in pediatric home health which I have experience in and was told that I would be offered a position in that department if the CD positions were filled) and of course she never called me back. I am tempted to go to my old employer and request a look at my file. This is unfair.

I am venting because I have four children to support. I became a nurse partly because I felt it was "in my blood" but more so because I knew that nursing was a job that would provide me the opportunity to ALWAYS provide for my children. Having that security ripped away from me is unbelievably disheartening and scary.

I feel like the only way I will be able to have that security back is to move out of this state, which isn't an option either because I have four more years of school ahead of me here.

What angers me most about the situation is that I am not getting ongoing payments from the WCB and I haven't in about 7 months. For 7 months I worked another job that brought nice income so I didn't fret it. Now I have to let that job go due to personal reasons and the profession I worked hard to achieve and use as a fall back is apparently no longer an option.

A friend of mine who still works at the facility and I were talking a couple of evenings ago. She jokingly said "At least some good comes from this. When you get your settlement you can put a down payment on your house!" She was trying to cheer me up. Unfortunately it only made me feel worse. Sure I MAY be able to buy a house, but how the heck can I make the monthly payments?!:(

My injury doesn't have to negatively affect those around me. I would never accept a position that I knew I could not handle without inconveniencing my coworkers. I feel like the employers don't trust my judgment to be a competent worker, capable of acknowledging my own limitations.

I was assisting another resident when I was assaulted. Then I went back to work and was assisting a CNA with her assignment when the injury was exacerbated. I know all things happen for a reason and this must be God's plan, but I did absolutely nothing wrong in either instance, in fact, I was working to make the unit run more smoothly and now I've lost my livelihood over it.

Thanks for listening. Vent over.:smokin:

Due to the worker's comp, you probably have been entered into the national insurance database. This database is used to check and see if someone is a "good risk" based on their insurance claims. This is why people get denied medical/house/car insurance. Worker's comp is a big red flag as it costs lots of money for worker's comp claims. Many employers who provide insurance check this database to see if they can afford the premiums for the prospective employee. They also use it as a gauge to determine whether or not the person will have a higher likelihood of calling in sick, needing to be out for extended periods of time, etc.

I do know that it is illegal in the majority of states to discriminate against an employee who has filed a workman's comp claim, and some of them it's illegal for them to even perform the search...so companies that provide the search service, won't generate a report if the company is located in one of those states.

Specializes in Neonatal ICU (Cardiothoracic).

Nursery/NICU isn't really a good option either.... most of the vents, isolettes and IV pumps we lift and move on a day-to-day basis weigh MUCH more than 20#. How about school nursing?

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