Wrongful Termination

[724LPN2016]

Hello, looking for advice. Had my first experience with what I believe to be wrongful termination. Suspected verbal abuse was reported against me on 4/19 but I was not suspended or even aware of the report until 5/28. Resident also reported me for supposedly withholding her medication. Medication was asked for an hour prior to me even being at work however resident specifically said I was on duty at the time. Prior nurse had no action taken against her. Both accusations against me proved false, suspension was lifted early and I returned to work. Was told to avoid her and to take someone in the room with me if I needed to go in which at times I did because she had a roommate that needed care. For example, the roommate was lethargic and slurring her speech shortly after a fall so I asked another nurse to come in with me while I evaluated roommate. She continued to report me for the times I entered the room to care for her roommate because she didn't want me in there at all. The roommate did excellent with therapy, and I asked her while I was working if she could come out of the room for her needs when possible. Because the resident who repeatedly accused me was still in my assignment, I would prepare all of her medications at the med cart and give them to the fellow nurse I would be working with to administer. Another nurse was doing the same thing with a resident she was not allowed to interact with and this was deemed OK. Received a phone call saying that I was suspended again pending another investigation. Was then fired with no reason given over the phone. Was told I could appeal, and all info would be mailed to me but that I only had 5 days to do so from date of termination letter. Asked for my letter via email since I was worried I wouldn't be able to appeal in time. Termination letter has many lies within it. Stated that I was verbally abusive on 5/28 and received guidance from the NHA(never heard of them). Said that I was non-compliant by entering resident's room and administered medications to her when I was told not to enter that room unless there was an emergency. Email was sent to my administrator. Documents were never received in the mail.

[mmc51264, BSN, MSN, RN]

I'm sorry this happened to you. Something doesn't smell right. How can they have residents dictating care? What if you were the only nurse? We have support from our leadership about unreasonable patients and them "firing" every nurse on a whim. I also think it's not fair to believe a resident over you. They can be petty (like middle school girls) and liars! They can be confused about times (like accusing you of not giving a med when you weren't even there)  

I would def talk to your closest Dept of Labor. 

[JKL33]

These people sound like jerks, all of them. I would have never agreed to those restrictions after the first go-round, by the way. I know it's too late for that bit, but now you know.

Sorry you are dealing with this.

[RDF-G, ASN]

Contact your state's EEOC office and file a complaint! They will do an investigation and determine whether or not you can sue the employer. If they determine that you were wrongfully terminated, file your lawsuit right away. I was wrongfully terminated at one time! I went through my EEOC, filed a lawsuit and won! Good luck! I'm so sorry that this happened to you! They should never have put that patient under your care in light of the situation. Kind of sounds like a set-up!

[Bug Out, BSN]

While I am sorry this happened to you I can find nothing obvious in that story that constitutes wrongful termination. 

Wrongful termination is a legal term that varies by state but generally involves discrimination, retaliation, failure to follow termination policies, or some breech of contract. Do any of those apply to you?

[724LPN2016]

Yes you are correct that this would not be considered wrongful termination by legal definition. 

[luv2]

Please move on. The Department of Labor takes way too long. You should still file. However, moving on emotionally and mentally is healthy in the long run. Please get yourself another job and keep this person off your resume. Come up with a plan and write it down with what you want for your nursing career. Focus on your goals.

[FolksBtrippin, BSN, RN]

It sounds like a terrible job. Long term care is often a nightmare. I am a hospice nurse and have to deal with these toxic facilities too, but not on a daily basis and at least I'm not employed by one.

Your employer did not adequately support you. They were absolutely wrong to assign you someone who was refusing your care, and then to tell you to somehow magically take care of the person behind the scenes like some kind of wizard of oz. Utterly ridiculous. 

I agree with the person who said to contact the eeoc. This is always the way to go. If you truly have no recourse, they will know. And I wouldn't worry about the dept of labor taking a long time, because the time will pass anyway. Put in your complaint but don't wait for them to fix this for you, get another job because this one was terrible. I recommend home health or hospice, or actually anything other than long term care. 

[londonflo]

File for Unemployment insurance now. It will cost the facility $ now and in the future. You can always cancel it when you get another job. It will cost you nothing. 

[724LPN2016]

I filed. I'm just very nervous that they will deny me. I've never been in this situation before so I'm not quite sure what determines whether or not I will actually get unemployment.

[FolksBtrippin, BSN, RN]

724LPN2016 said:

I filed. I'm just very nervous that they will deny me. I've never been in this situation before so I'm not quite sure what determines whether or not I will actually get unemployment.

The company can contest your unemployment claim and they might, but as someone else said it will cost them money to do so, and they may know that they have no case. The burden of proof is on them that they fired you for cause.