Urgent - Termination- Employer report CLPNA

Pediatric Critical Care Columnist · Sep 16, 2018

What an awful thing to have happen to you. Ordinarily, termination within the probation period doesn't result in mandatory reporting, so there must be more to it. Usually, the probationary period is a no-harm-no-foul time period when you and your employer decide if you're in the right job so that has me a bit confused.

I think the root of the issue is that you weren't given a good understanding about scheduling so you believed you'd followed the proper process to have the three dates in question off, but your employer sees you as absent without authorization. Most workplaces are unforgiving about scheduling, despite their claims of being flexible. And although there are contractual requirements placed on the employer over scheduling practices, there's a wide variation in how scheduling is done. In all cases, however, you MUST have authorization from your manager to make schedule changes, unless you are in a casual position (casuals can cancel their availability right up to a few hours before the shift in question, but full- and part-time employees cannot). Basically, it's not enough to tell the timekeeper/staffing clerk that you aren't available on certain dates where you're already scheduled to work. You need to formally request either a vacation day, a stat day or a shift trade, where someone works for you on one day and you work for them on another. You're responsible, as a professional, to know when you are scheduled to work, to be present on those dates or arrange to be off according to established protocols and to perform your duties in accordance with your practice standards.

In terms of CLPNA, your employer is required by law, the Health Professionals' Act, to inform the college of all disciplinary actions involving suspension or termination. They had no choice. And in their eyes, you were a no-show for three shifts, which is grounds for termination. It's also viewed as unprofessional behaviour, a key component of which is accountability for one's own actions. CLPNA will interview your manager to establish what happened from their point of view. Then they will interview you to hear your version of events. The CLPNA discipline committee with then determine whether a formal hearing is required or not. If there is a formal hearing, you have the right to be supported by your union, which will also have been informed of your termination. If the discipline committee's appointed adjudicators at your hearing decide you were in violation of your CLPNA standards, they will determine what sort of remedy is required; what that looks like really depends on your infraction. There will probably be conditions placed on your license until you fulfill whatever they decide you need to do to get back in their good graces, and there may be a restriction regarding who you can work for. Employers looking at your registration will not know why you have conditions, only that you do. If asked about them you should be totally honest and not try to hide it. You will have to disclose this to your current employer if you have to be absent from work to attend the interview, +/- a hearing.

I see this situation as a misunderstanding between you and your employer regarding how to manage schedule conflicts; part of the "blame" rests with them if they didn't adequately explain to you how to make adjustments, part with you for not ensuring you understood. CLPNA may see it this way as well when they interview you. But to be perfectly honest, I think your English language skills might be part of the issue. I had to read your post through several times to understand what happened and that may be the case with the interviewer from CLPNA too. Please talk to your union!

Fiona59 · Sep 16, 2018

I have a feeling that OP worked for one of the private LTCs that are popping up.

It takes an awful lot to get terminated by AHS. Coworkers would have told her to get the union involved stat.

Pediatric Critical Care Columnist · Sep 16, 2018

You're probably right, but you never know.

calpatel · Sep 17, 2018

I have provided them No Available for those dates as in availability time sheet. Unfortunately their availability system work as papaerbase so I dont have proof as digitally BUT I have proof that I have informed schedular coordinator as digitally as Casual employee we have to coordinate with scheduler regarding our shift and availability time sheet.

Also plz help me to understand how Alberta providence union can assist me in this case .

And do I need to get lawyer for this fight or after formal hearing would they give me option to have layer?

Pediatric Critical Care Columnist · Sep 17, 2018

Were you working for a private long-term care facility? If so, then you probably have no union representation. The United Nurses of Alberta represents RNs at some of those facilities, but I don't think AUPE is there for LPNs. As a CASUAL, you should not be scheduled to work without your permission, but if you're working for a private company, like Revera, Bayshore or Citadel, they're going to do whatever they want with your schedule. It's almost as if they own you. (I worked for a private agency for awhile. I know how they operate.) I'm not sure I understand how you can have proof that you provided the schedule coordinator of your availability if your whole system is paper-based. It's going to be their word against yours. Unless you made a photocopy of your paperwork AND had it witnessed by someone else at the time you submitted it, they can make up whatever they want and CLPNA will believe them. IF you have union representation at that worksite, you would have had dues deducted from your pay and would see a line item for that deduction on your pay advice. In that case, the union would accompany you to all meetings with both the employer and CLPNA, including a formal hearing if it comes to that. They would act as your advisor, helping you prepare for the interview and hearing. IF you DON'T have union representation you're on your own. It's hard to advise you to hire a lawyer to counsel you about this because you'll be paying out of your own pocket for that counsel and it's not going to be cheap. You might be able to obtain a free consultation with a labour lawyer and that might be enough to set you on the right road. Ultimately it's up to you.