Was I fired or did I quit? Do I have to report it to the BON?

Nurse Beth, MSN

Hi Nurse Beth,

I’m in a huge dilemma. And I think my “lack of guidance” may have really hurt me. I’m an older RN, have extensive experience in my area. Was out of bedside hospital for several years, but stayed as current as possible consulting. I recently was hired by a hospital, with expectations of having a shortened orientation program.

I struggled with the transition to learning the Electronic Medical Records. I had at least three meetings with my manager, who seemed supportive of my situation. I was inconsistent with getting feedings on time. Was called into office one day re: very late feeding, and the care at time, and was told they were very concerned if I could manage when they were “very busy.” I was told to think about it, and let them know what I thought.

I felt I was in jeopardy of further action, but not dismissal. I wrote a detailed email, using the hospital system, stating I would do anything they asked, even go above what was needed to show I could do the job. (Unfortunately, I don’t have a copy of the email, because it is on the hospital system, and my access has been removed). Instead of a response to the email, I got a call from the manager two days later, saying they felt I might be better suited elsewhere. I was blown away. Literally. I’ve been in nursing 17+ plus years, and have never “lost a nursing job.”

The manager did say she would take a letter of resignation. (I didn’t know what to do. I submitted the letter and my hospital ID one week later). I hadn’t checked my email that whole week. I checked later, and found an email that said “Termination of Benefits,” and it had an attachment. I had tried two days after the manager’s call to login to one of my accounts to get my last pay stub, (everything is electronic), and the screen had a pop-up in red that said, “terminated.” Not resigned. This can have huge implications for me, because I am required to report to the board, any terminations. ... Granted I turned in the “Resignation letter” one week after the phone call, (I was trying to collect my thoughts and figure out what to do), but does this mean the Human Resources is ignoring my letter? It has been dismissed? Do I have any recourse? I don’t want this to be ”termination.” It can cause me many problems going forward.

Our Human Resources is closed for COVID, ( all working remotely), and I haven’t found anyone to which to talk. I need employment. But don’t know what to put as far as my leaving my employment at this hospital. (I was employed 3-1/2 months).

Please advise how I should handle the “termination” versus “resignation.”
And what is a good way to explain my leaving this job.

Thanks for any insight you can give me.

Dear Dilemma,

I'm so sorry for your whole experience. It's devastating to lose a job, and you have a lot of additional worry around it.

First of all, I really do not think you are in any trouble with the board.

A couple of things stand out. Your manager should have called you in for a face-to-face meeting rather than a telephone conversation that left you in limbo. And waiting a week to submit your resignation on your part was not ideal, either.

Your discharge status is really not clear. Were you fired or did you quit? You saw the word "terminated" on your payroll software program, but for all we know, that is the only term used in that system to differentiate an active employee from a non-employee. Terminated in that case may just mean no longer here, as opposed to being fired or resigning. You can't go by that alone.

You must talk to someone in HR. Yes, their physical doors are closed, but they have to answer your question. What precisely is your discharge status? Terminated or Resigned? This is a very important question for a lot of reasons-unemployment, BON, future employment, and you are owed an answer.

Reporting to BON or BRN

However, whether you were fired or whether submitted your resignation in lieu of being fired may not make a difference to the BON. They would look at either one or both, as being fired, as the employer initiated the separation.

As far as reporting to the BON, it would be helpful to know what state you are in, as the reporting requirements vary greatly.

For example, in Missouri, an employer must report to the BON any disciplinary action or the voluntary resignation of a nurse against whom any complaints or reports have been made which might have led to disciplinary action.

The Missouri BON reviews every report and determines if there is probable cause to open an investigation. It's hard to imagine that the BON would decide to open an investigation on a Registered Nurse of 17 years because a feeding was late and your computer skills were lacking.

In Texas, if an employer terminates a nurse for practice related errors, it must be reported. Similarly, they then decide if an investigation is warranted.

In California, terminations are not reported, but diversion, negligence, abuse, and so forth are.

Whether you were fired or whether you submitted your resignation in lieu of being fired would make a difference to employers when applying to future jobs. In either case, you would have to explain a short tenure, but it would be preferable not to have to say you were terminated.

Disclosing to Employers

When submitting a job application, be honest but don't reveal what is not asked. If asked if you have any restrictions on your license- the answer is No. You do not.

If asked if you've ever been terminated (not all applications ask this) then you have to be honest and say Yes (once you find out your official discharge status). Or say No if you find out your status is Resigned. Most large employers only divulge job title and dates of employment when called for a reference, but you never want to falsify an application.

Either way, in an interview, your short tenure will come up. Be prepared. Be positive and smile. Employers want to hire positive people who will fit in and get along. Portray your former employer in as positive light as possible. "It wasn't a good fit". Frame it as a mutual understanding if possible.

Remember that many, many people have been terminated and go on to perfectly enjoyable and rewarding jobs.

What you need to do is find out your official discharge status. You can also contact an attorney who specializes in nursing/BON issues. He or she would then contact the BON and ask for the status of the complaint.

Best wishes to you,

Nurse Beth

Was I fired or did I quit? Do I have to report it to the BON?

Reporting to BON or BRN

Disclosing to Employers

About Nurse Beth, MSN

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