Unprofessional surveyor

Published

I am curious the thoughts/advice of my fellow members.  
During medication preparation, I was approached by a new surveyor whom interrupted me several times during med preparation.  While trying to remain focused to prevent med error, I answered surveyors questions about another patients medications (what would I give him and what does he take?) naming the medication only.   
The surveyor must have been offended that I didn't engage in dialogue mid med preparation but rather maintained a visual of the medications I was preparing so not to lose where I was on the med list and commit a med error.  The surveyor told my employer that I was 'rude and curt', even admitting she shouldn't be interrupting me.   I was punished severely, despite never receiving any warnings in 7yrs employed here.  I received monetary damages by my employer and employer set me up for next step termination (overlooked disciplinary processes).  My employers administration is toxic and creates hostile work environment for most all staff.  
Included was not performing a fire drill outside of my shift (no policy but was told 'it's known' which I have yet to find a coworker that is aware of this). 
I was planning g retirement from this employer but appears now destroyed and my employer is targeting me.

My reputation has been damaged by all of this.  And the most insane is that the state surveyor is now stalking my Instagram and Facebook, 10mos later, as someone I may know.

I am appalled by all of this, I can't make this stuff up.

I am wondering if anyone has any suggestions or advice about this.  I have been grieving the process.  I have never had problems with other employers throughout my nursing career nor had the reputation that state surveyor and employer are painting of me.  I know that I should have stopped and told surveyor I was in the middle of med preparation and would get to her questions when finished; hindsight is 20/20. 
I would appreciate any advise.  Thank you.

 

Up Vote Up Vote ×
Specializes in tele, ICU, CVICU.

As a surveyor, they should most def not be asking things WHILE pouring/administering meds.  That is basic common sense & you cannot be blamed for trying to remain focused on the task at hand.  Yes, in hind sight you could've said "I'm not trying to be rude, but could you save your questions until I'm done with patient ABC's medications?"   

Is your employer they were asking questions DURING med pass?  not waiting for a moment in between patients?  

the fact you said the surveyor is stalking social media pages is concerning and makes me wonder if somebody is out to get you, that just sounds REALLY odd.  Are you sure they aren't just being populated automatically by FB, due to mutual friends?  I know mine does this... 

Sorry, no advice really, just ensure your employer is aware of the ENTIRE story... As long as their are no sentinel events or signifiant patient safety concerns, I don't see how employer can simply bypass the set disciplinary proess.  However, if you ask HR about that, I'd worry they will somehow retaliate.... sorry for the crappy situation. 

3
Up Vote Up Vote ×

 

Quote

 I was punished severely, despite never receiving any warnings in 7yrs employed here.  I received monetary damages by my employer 

OP, can you clarify this? What do you mean you received monetary damages? Was this in the form of unpaid days off as part of your discipline or some sort of actual fine or...?

Very sorry you are going through this. It sounds ridiculous. 

3
Up Vote Up Vote ×
Specializes in Psychiatric and Mental Health NP (PMHNP).
JKL33 said:

 

OP, can you clarify this? What do you mean you received monetary damages? Was this in the form of unpaid days off as part of your discipline or some sort of actual fine or...?

Very sorry you are going through this. It sounds ridiculous. 

If you can prove the surveyor is stalking you on social media, then report them to their employer!   There are ways to track where the person is posting from, even if they are trying to disguise themself.  In fact, I'd report the whole incident to their employer, given they  were interrupting you in the middle of preparing meds, which is outright dangerous.

Also, talk to an employment attorney ASAP.  Find out your rights and how to protect yourself.  This sounds like potential wrongful termination.   The first consultation is free.  These attorneys usually work on contingency, meaning they only get paid if they win the case, so you don't pay them directly.  The attorney may also go after the surveyor and their employment for compensatory damages.

Carefully document everything and save every email, document, etc.

Good luck

6
Up Vote Up Vote ×

My employer bypassed 4 levels of punishment and had given me the 5th level with the 6th being termination from the report and citation received for not locking the computer and cart, which I did while she had distracted me.  The surveyor claimed I repeatedly did so, which I would have to have been stupid to continue to after catching my error.  The instances she said I had my back to the cart, unbeknownst to her, I would not have been able to d/t my medical condition.  Another nurse failed to lock the computer and cart, as well, and no mention was made to her by management. 
The 5th level allowed management to deduct 15% of my pay over 6wks for this.  And now I have been set up for next step...termination.  I have had no level of punishment since employed 7yrs ago.  
I had tried to get an employment lawyer but have had difficulty.  I am not sure if being employed by WA state is a reason I cannot find an attorney to meet with me to discuss these issues

Up Vote Up Vote ×
JKL33 said:

 

OP, can you clarify this? What do you mean you received monetary damages? Was this in the form of unpaid days off as part of your discipline or some sort of actual fine or...?

Very sorry you are going through this. It sounds ridiculous. 

I had 15% of my pay deducted x6wks.  Management was able to do this by skipping 4 steps and making it a severe infraction.  It included not locking the computer and cart, which I did d/t her distraction.  She stated I did it multiple times, however, I have a physical condition that I would not have been able to care for the resident if my back had been to the cart. 

Up Vote Up Vote ×
FullGlass said:

If you can prove the surveyor is stalking you on social media, then report them to their employer!   There are ways to track where the person is posting from, even if they are trying to disguise themself.  In fact, I'd report the whole incident to their employer, given they  were interrupting you in the middle of preparing meds, which is outright dangerous.

Also, talk to an employment attorney ASAP.  Find out your rights and how to protect yourself.  This sounds like potential wrongful termination.   The first consultation is free.  These attorneys usually work on contingency, meaning they only get paid if they win the case, so you don't pay them directly.  The attorney may also go after the surveyor and their employment for compensatory damages.

Carefully document everything and save every email, document, etc.

Good luck

I had 15% of my pay deducted x6wks.  I have tried to obtain legal assistance but have not been able to find someone to take it on.  I am employed by the state and I am not sure if that may be one reason why.  I have grieved this through the union and corporate supports the administrator.  A union attorney had decided to pick it up and wanted to go the route of mitigation.  

1
Up Vote Up Vote ×
1 tired nurse said:

I had 15% of my pay deducted x6wks.  Management was able to do this by skipping 4 steps and making it a severe infraction. ...

Although the disciplinary process usually progresses in a linear fashion, an employer can bypass multiple steps if they believe the infraction was serious enough.  As for the payroll deduction.  This is my lay opinion, but I don't think they can do this.  

I completed a Google search on the phrase "can an employer withhold pay as part of the disciplinary process in Washington state."  From the AI overview:

 

Quote

In Washington State, an employer generally cannot withhold an employee's pay as a form of disciplinary action or punishment. 

Wage withholding is restricted by state and federal laws, and employers can only make deductions under specific circumstances:

[...]

If you believe your wages have been unlawfully withheld as a disciplinary measure, you can document the issue, discuss it with your employer, file a complaint with the Washington State Department of Labor and Industries (L&I), or seek legal assistance. 

[...]

They're not supposed to retaliate against you if you take action in good faith, but if it were me, I would be looking for another job before I did this.

1 tired nurse said:

... A union attorney had decided to pick it up and wanted to go the route of mitigation.  

Do you mean arbitration?  If so, that might be a bad option. 

Best wishes as you work through this.

1
Up Vote Up Vote ×
Specializes in Psychiatric and Mental Health NP (PMHNP).
1 tired nurse said:

I had 15% of my pay deducted x6wks.  I have tried to obtain legal assistance but have not been able to find someone to take it on.  I am employed by the state and I am not sure if that may be one reason why.  I have grieved this through the union and corporate supports the administrator.  A union attorney had decided to pick it up and wanted to go the route of mitigation.  

You may want to get a 2nd opinion.  While many attorneys are reluctant to sue the government, there are some that specialize in this.  Do some googling to find these for your state.  Many lawyers do not want to go to court and just want to settle.  Other lawyers are happy to go to court - you want one of these.  Such an attorney will also be more scary to the other side.  Here in California, there are lists of "super lawyers" for each major city, by specialty.  See if there is such a list in your area and then look at the employment attorneys listed and determine if they would take such a case.  They shoud be doing this on contingency, meaning you don't pay them.  They only get paid as a % of winnings if they win the case.  I had an issue with an employer and had to talk to several lawyers before finding the right one.  We won.  This was before I became an NP, but same principles.  It doesn't hurt to get a 2nd opinion.

Also, what is the union lawyer telling you?  What is his/her opinion of your case?  There is also a nurse and lawyer on allnurses that has a forum for legal issues.  You might want to post there.

 

 

1
Up Vote Up Vote ×
crazin01 said:

As a surveyor, they should most def not be asking things WHILE pouring/administering meds.  That is basic common sense & you cannot be blamed for trying to remain focused on the task at hand.  Yes, in hind sight you could've said "I'm not trying to be rude, but could you save your questions until I'm done with patient ABC's medications?"   

Is your employer they were asking questions DURING med pass?  not waiting for a moment in between patients?  

the fact you said the surveyor is stalking social media pages is concerning and makes me wonder if somebody is out to get you, that just sounds REALLY odd.  Are you sure they aren't just being populated automatically by FB, due to mutual friends?  I know mine does this... 

Sorry, no advice really, just ensure your employer is aware of the ENTIRE story... As long as there are no sentinel events or signifiant patient safety concerns, I don't see how employer can simply bypass the set disciplinary proess.  However, if you ask HR about that, I'd worry they will somehow retaliate.... sorry for the crappy situation. 

Thank you for taking the time to offer your thoughts.  I am being targeted by my employer after state surveyor did what she did.   I've worked with many surveyors and they have all been upstanding, professional, and honest.  I was appalled by this one's behavior.

Up Vote Up Vote ×
FullGlass said:

You may want to get a 2nd opinion.  While many attorneys are reluctant to sue the government, there are some that specialize in this.  Do some googling to find these for your state.  Many lawyers do not want to go to court and just want to settle.  Other lawyers are happy to go to court - you want one of these.  Such an attorney will also be more scary to the other side.  Here in California, there are lists of "super lawyers" for each major city, by specialty.  See if there is such a list in your area and then look at the employment attorneys listed and determine if they would take such a case.  They shoud be doing this on contingency, meaning you don't pay them.  They only get paid as a % of winnings if they win the case.  I had an issue with an employer and had to talk to several lawyers before finding the right one.  We won.  This was before I became an NP, but same principles.  It doesn't hurt to get a 2nd opinion.

Also, what is the union lawyer telling you?  What is his/her opinion of your case?  There is also a nurse and lawyer on allnurses that has a forum for legal issues.  You might want to post there.

 

 

I thank you for all your support and advice.  My professional reputation and employment heath has been destroyed.  I have not met with the union lawyer, as of yet, but it would be interesting to see their point of view.  I would like to go to arbitration but the lawyer wants to try mediation first.  I recently discovered the name of a lawyer that 3 other former coworkers had used in their cases against my employer, so I will be reaching out to him in the near future.  
 

2
Up Vote Up Vote ×
chare said:

Although the disciplinary process usually progresses in a linear fashion, an employer can bypass multiple steps if they believe the infraction was serious enough.  As for the payroll deduction.  This is my lay opinion, but I don't think they can do this.  

I completed a Google search on the phrase "can an employer withhold pay as part of the disciplinary process in Washington state."  From the AI overview:

 

They're not supposed to retaliate against you if you take action in good faith, but if it were me, I would be looking for another job before I did this.

Do you mean arbitration?  If so, that might be a bad option. 

Best wishes as you work through this.

Thank you for your advice and taking the time to help.  Since I work for the state, I'm concerned about taking this to the level.  The union lawyer wants to try mediation first but I want to move to arbitration.  It is all disheartening.

Up Vote Up Vote ×
+ Join the Discussion