Unfair treatment by co-workers/boss

caliotter3 · Feb 14, 2009

In a nutshell, not a good situation. You should keep in mind that you are the sole breadwinner when you consider the attorney route. Going to an attorney may be warranted, but usually turns out to be fruitless and costly effort. I would seriously consider how much my income is needed, bite my tongue, collect my check, and start looking for a new place to work yesterday.

rjflyn, ASN, RN · Feb 14, 2009

You answered the question in your second to the last paragraph Lawyer Pregnant workers are a protected class and as such an employer has to bend over backwards to protect you and it sounds like the did everything but.

Jolie, BSN · Feb 14, 2009

I don't think you'll like my response, but here goes.

If you want an OB position and have limited options for other employers, I would stay the course, be patient, try to wait out the bad will of your boss and day shift workers while doing the best job possible. I would also suggest putting your energy into your family and recognizing your job for what it is: a source of pay.

The only thing you describe that may be actionable is the conduct of your evaluation. It was obviously inappropriate since you were not working, vulnerable and unable to object and of altered mind due to fatigue and medications. I would recommend requesting a copy of the eval and looking at it objectively. If it is not accurate, go thru the chain of command (beginning with your boss) within your hospital to protest it. If need be, HR can be present to mediate.

As aggravating as your other complaints are, there is little you can do about them. Employers are entitled to establish absentee policies that meet their needs, not the employee's. They get to decide how many absences is considered excessive, which ones require a doctor's note, etc. Unless you can prove that you have been singled out while others are allowed a "pass" on absentee issues, you won't have a case. The only way to avoid having an absence count against you is to appropriately utilize FMLA, which probably won't apply to you now.

As for the L&D orientation, without a contract that guarantees this, you probably can't force it. They may be deliberately trying to p**s you off, they may be choosing employees without families who are more flexible in their work schedule, they may be playing favorites, or they may have a legitimate reason for orienting other nurses first. Without having a heart-to-heart with your boss, you can only speculate on the reason. This would be a good question to tactfully bring up when you talk to your boss about your eval.

There is nothing wrong with speaking with a lawyer, but I suspect that an honest one will tell you that here is little that can be accomplished by bringing a lawyer into this situation because it ill only make your employer uneasy, defensive and possibly start looking for a reason to let you go.

I don't condone bad treatment of employees, but nor do I condone going outside the chain of command to address problems as a first choice. And as a practical matter, in this economy, an unsatisfying job is better than no job. Also, you describe a staff that is made up largely of young women. There will likely be a relatively high turnover due to staff going back to school, relocating, getting married and having babies. If you can hang in there for awhile, many of these staff members will be gone, and your opportunities will expand.

I understand your passion and interest for L&D, but it is not more important than your family. Go to work for your 8-12 hours, do your best and enjoy your children.

Take care.

nickos · Feb 14, 2009

I don't have any advice, but I have to say...UN BE LIEVABLE! Totally NOT okay; the way they are treating you. Take care of yourself and your family, and good luck!

Jolie, BSN · Feb 14, 2009

You answered the question in your second to the last paragraph Lawyer Pregnant workers are a protected class and as such an employer has to bend over backwards to protect you and it sounds like the did everything but.

She wasn't fired, demoted or reassigned due to pregnancy, or forced to take an assignment contrary to her physician's instructions. So I don't understand what protections you believe her employer failed to provide. Pregnancy does not entitle one to less demanding assignments or leniency on the employer's absentee policy. If a pregnant woman is unable to carry out her usual work assignments due to restrictions placed by her physician, FMLA is the appropriate and legal way to protect her position.

MultipNP, BSN, MSN, APRN, NP · Feb 14, 2009

I appreciate such fast responses! I am inclined to agree with the "wait it out" thing. As frustrated as I am, and as unhappy as my situation is at work -- my family truly is more important! My husband is keenly interested in my speaking with a lawyer closer to his graduation date (in a few months) since there will be less risk to our income at that point. I was singled out as far as I can tell (with the absences). But there are a few others who have been as well. I really don't want to see this happen to anyone else.

FireStarterRN, BSN, RN · Feb 14, 2009

I think the writing is on the wall. I would look for another position, this unit sounds wretched. Your manager is a horrid person. That is sick that she would treat someone like that. Your coworkers sound toxic.

LizzyL&DRN · Feb 14, 2009

Think of it this way. Learning Labor and delivery was one of the most stressful things I've ever done. Not sure how others feel about that. But from my perspective you are undergoing a huge amount of stress already. If I were you I would come to work, take the best care of your patients that you know how, protect your license and wait it out. The clicks don't always last and if they truly alieanated you, they are probably doing it to others also. Problems will likely arise from it and the manager will need to take a more professional stance on it and address it. (we went through a similar situation with clicks, it worked itself out) You probably don't want to learn labor in an environment such as what you're in anyway.

Forcing you to undergoe an evaluation in those circumstances is truly unbelieveable. You should have forced her to pay you for an hour of your time. I probably would have gone to HR for that or told her absolutely not.

I was a gyney patient on my floor, my manager needed to give me some new employee handbook and I had to sign for it. She asked my permission to conduct that type of business while I was a patient before. I too had someone who wasn't involved with my delivery walk in while I was in stirrups. It was pretty aggravating, but I was so tired I didn't say anything. I'm sorry for your tough time.

travel50 · Feb 14, 2009

Just when did doctor's excuses stop counting?!!! And does that apply to everyone else?

Jolie, BSN · Feb 14, 2009

Just when did doctor's excuses stop counting?!!! And does that apply to everyone else?

That is the case with most employers. They will "accept" a pre-determined number of absences, and each additional absence results in escalating "disciplinary action" such as verbal, written warnings, 1-day suspension, etc. It matters not what one's doctor has to say about the absences. It only matters that the absence occurs. That is why FMLA is so critical to preserve one's good standing and job, and is often used intermittently for recurring conditions such as migraines, back pain, etc.

Ruby Vee, BSN · Feb 14, 2009

i think jolie gave some excellent advice!