Whistle blower/terminated

[CaliGena]

Hi, this is my first ever post and my nerves are shot, so please bear with me. I have been an RN for 6 yrs and my record is spotless. I recently took a travel position on a geriatric psych unit. I was doing a great job and was told so by many if the other nurses and managers. I saw some things that not only concerned me but made me worry about the patients safety and my license. A few of the patients were very very confused and this is an acute unit, they were fraike and extremely high falk risks. I asked for a one on one because of my concerns, instead they placed these elderly patients on the floor! One got up from the floor, fell and needed a rapid response.

Long story made a little shorter, I voiced my concerns and the next week I'm called while home off work for a few days and tokd that there is a 0.5mg Lorazapam missing and I have to come g or a drug test and that I'm suspended for now. I flew bacj right away, not only was I given the UDS, but the forced me to give blood for blood alcohol testing. Although I wasn't in the slightest bit concerned about either test, I don't do drugs and I only drink on occasion. The issue is although the UDS is protocol, the blood alcohol was not policy, unwarranted and a huge violation of my rights. The only way they are allowed to demand a blood alcohol is if I'm at work and appear intoxicated or impaired in any way. I was off work for 3 days prior to this.

The tests all came back negative as I akready knew they would. They then told me that they are firing me because I questioned them about taking my blood.

I'm beside myself. I've contacted an attorney who says I have a wrongful termination suit. I just feel sick.

Any advice? Thank you if you made it through this long book. :)

[Ruby Vee, BSN]

I would caution you against providing so many details of your circumstances on a public forum.

You have contacted an attorney, and now your best path is to follow her instructions.

[CaliGena]

You're right. Thank you. I was having such a breakdown emotionally that I wasn't thinking clearly. Thank you again.

[Chaya, ASN, RN]

I wish you the best. You sound like a caring, responsible caregiver. Hang in there.

[KCMnurse, BSN, MSN, RN]

Hang in there, just as you have been cautioned, follow your attorney's advice. You are on the right path for vindication, as stressful as it is right now.

[CaliGena]

Thank you both. I appreciate the kind words. It's been and continues to be such a stressful time.

[acparry]

This sounds like unfair dismissal and you deserve to be upset!

definition: "Wrongful dismissal, also called wrongful termination or wrongful discharge, is a legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer if the termination breaches one or more terms of the contract of employment, or a statute provision in employment law.

Is this in USA or Canada? in either case - contact your local ombudsman, fare labor standards act or employee standards office.

[Serhilda, ADN, RN]

As the first poster mentioned, I would remove some of those details. May be in your best interest just in case. It sounds like pursuing an attorney was the right action to take here though.

[CaliGena]

Thank you all again. I dont know who to ask to remove this but if there are any moderators reading this, pkease remove the original post.

You all have been so kind. Thank you very much.

[Buyer beware, BSN]

Thank you all again. I dont know who to ask to remove this but if there are any moderators reading this, pkease remove the original post.

You all have been so kind. Thank you very much.

OP:

I'm not sure what identifying details you posted prior to reading your post that may have benn expunged by the moderators, but as the post stands now it appears generic enough and as such I don't believe you're in danger of exposing yourself to legal jeopardy.

I can tell you unequivocally that even though you may feel you were being railroaded by this geriatric facility, and you very well seem to have been, don't play their game or take the advice of any lawyer who tells you you have a wrongful termination case.

At this juncture you should know that your lawyer sees you as a conduit to make money. If your lawyer leads you to believe the hospital will roll over and play dead in this matter she is leading you astray. The hospital will never just settle or admit fault. Most hospitals would rather spend a million dollars in legal fees and lie than admit they ever did or do anything wrong.

So my friend at this point I would save yourself a lot of aggravation, disillusionment, money and time and fire your lawyer, move on and consider this incident as a valuable lessen in life.

Just repeat this mantra: "never again, never again, never again."

[Kooky Korky, BSN, RN]

OP:

I'm not sure what identifying details you posted prior to reading your post that may have benn expunged by the moderators, but as the post stands now it appears generic enough and as such I don't believe you're in danger of exposing yourself to legal jeopardy.

I can tell you unequivocally that even though you may feel you were being railroaded by this geriatric facility, and you very well seem to have been, don't play their game or take the advice of any lawyer who tells you you have a wrongful termination case.

At this juncture you should know that your lawyer sees you as a conduit to make money. If your lawyer leads you to believe the hospital will roll over and play dead in this matter she is leading you astray. The hospital will never just settle or admit fault. Most hospitals would rather spend a million dollars in legal fees and lie than admit they ever did or do anything wrong.

So my friend at this point I would save yourself a lot of aggravation, disillusionment, money and time and fire your lawyer, move on and consider this incident as a valuable lessen in life.

Just repeat this mantra: "never again, never again, never again."

This is probably true but not necessarily. Did you have to give the lawyer any money up front or does the lawyer get paid only upon winning the case?

Did they at least pay for you to fly back there for testing so they could hang you? Did you check with your employer before going there for testing?

You might want to consider reporting them to the licensing authorities. It's a big step, they will know who reported them, and it could cause you a whole lot more trouble than you already have. If they are part of a large corporation, you might find yourself blacklisted and not be able to ever again work in any of their facilities, so think it through.

And this whole mess should teach you to count the cost before speaking up. Yes, we are to advocate for the patients, but did putting them on the floor to prevent falls actually harm them or erode their dignity? I know the one fall did occur, but how many were prevented? No way to know, of course. Just thinking out loud. Were the patients at least dressed while on the floor? Were they fed and clean and did they get to use the toilet and otherwise were treated humanely?

A lot of facilities do put people on low mattresses for the night to prevent falling out of bed - used to anyway, not sure if this is still done. If they do fall, it's not such a huge fall, only a tumble off a mattress that's on the floor. Still, as you saw, this can be an issue for those who have trouble getting up and down. Damn the people who control the money and who seem to have so little regard for the frail, the elderly, the infirm. I believe God will require answers from them.

I would like you to get copies of the testing that clears you of being under the influence of ETOH and illegal drugs and keep those for your files.

Find another job before word gets around about this mess.

Consult with 2 more lawyers before you decide what to do.

Best of luck to you. It's miserable but you will be alright if you follow the advice here. And do get rid of some of the details - ask a moderator to help you with this.

[Lamharr]

Just make sure you have kept notes as to dates, times and initials of individuals associated. A paper trail can be a life savor. It sound as if you want nothing but safe nursing. Please don't allow anyone to destroy what you have.