Re: failure to follow policy and procedure in a termination

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On 2/08/07, RCW wrote:
> On 2/08/07, Terry wrote:
>> On 2/07/07, Julie Reyes wrote:
>>> I was terminated from a long term care facility (nursing
>>> home) about 3 weeks ago. Their claim is that I falsified
>>> a document, the true statement is that I did write a wrong
>>> date on a discharge summary simply due to being tired ( I
>>> had worked about 39 hours of overtime that week due to
>>> being on call, also it would be of no benefit to me to
>>> back date a document of this nature).
>>> I think the reasons that I was terminated were due to the
>>> fact that I had made it quite known that when my facility
>>> Administrator returned from her conference I was going to
>>> turn in my Director of Nursing for failing to respond to
>>> my complaints of being too tired to work an additional
>>> shift and that I was unsafe to care for my residents ( I
>>> had already made a medication error and was having a very
>>> difficult time concentrating and I let the DON know this
>>> and I was still forced to work to cover call in’s).
>>> When it usually takes a stick of dynamite to get our
>>> company to terminate someone, I was terminated after only
>>> one offense; there were no other complaints or policy and
>>> procedure violations in my employee file. My company did
>>> not follow our policy and procedure, which they always
>>> seem to rely on for everyone else. I have contacted the
>>> HR rep at corporate but have not received a phone call
>>> back. All I want is the 3 weeks vacation time and my
>>> termination changed to resignation, I don’t feel that this
>>> is too much to ask for wimpy excuse they used to get me
>>> out the door. I also feel this may have been related to
>>> the fact that I had made a written request for a month
>>> unpaid leave that I was planning to take when our adopted
>>> baby was born. Another misstep is that they changed my
>>> salary without notifying me.
>>>
>>> I have called many state and federal offices, but my
>>> situation dosen't seem to fall into any catagory. I could
>>> really use some good counsil in this matter.
>>> Thank you,
>>> Julie heart_mender@hotmail.com
>>
>> "I have called many state and federal offices, but my
>> situation dosen't seem to fall into any catagory" That's
>> because nothing illegal has transpired. Even if your DON
>> terminated you because you were going to "turn her in" for
>> having you work additional shifts, that's perfectly legal.
>
> What state are you in? In most states an employer must pay
> earned but unused vacation. Also, changing your pay without
> notice would "likely" be illegal. Regarding federal
> whistleblower protection, your claim may be denied because you
> did not actually file a complaint. You may however have a
> cause of action under "public policy".
>
> Public policy covers values, principles and basic rules that
> courts and legislatures consider to be in the best interest of
> individuals and the general public.
>
> Keep in mind that simply because no one will take your case
> doesnt mean you dont have one. Use the small claims arena but
> do your homework. It worked for me years ago while I was in
> law school.
>
> Please note, if you are going to blow the whistle on your
> employer in the future - just blow it. Dont chat about it
> because your co-workers will stab you in the back and slap
> your face when you turn around. That is the reality of life.
> Best of luck to you.
>
Dear Julie: Since I was a nurse long before I became an attorney
I SO relate to the garbage which has been thrown your way!

I disagree with Terry re: 'nothing illegal'. Your facility has, I
am sure, a grievance policy (you term it 'it takes a stick of
dynamite for them to fire somebody'). Consult your employee
manual; generally for nurses you go from the write-up, to the
warning, to the suspension/dismissal. You may indeed have a
wrongful termination lawsuit if in fact your only offense was the
incorrect date: I've never heard of a nurse who demonstrated as
much competence as you (remember: they're calling you all the
time for overtime so-HELLO-it's going to be hard for management to
'make a case' that you had to be summarily dismissed because you
were 'a danger to patients') being summarily dismissed.

However, Terry is right re; whistleblowing; the talking you did
about it could have put you in the 'at will' category of firings,
where they can argue that your 'attitude' or 'personality' has
made you eligible for at-will termination. However Julie: did you
make any notation, or statement, to anyone in authority, where you
could argue that you have indeed already 'blown the whistle'? If
so, that may put you into the whistleblower category where
immediate federal/state protection from retributive firing, kicks in.

In the meantime: notify your State Nursing Board and make a
formal complaint re: the forced 'on call' which results in your
exhaustion and danger to the patients. Include in your complaint
the 'changed pay-rate', and any other bad acts you've observed.
This must be investigated, and trust me: you'll be in a position
then to have them change your termination to resignation, and get
your appropriate pay. Finally Julie: I'd make them write you a
GLOWING reference. You sound like you deserve it-you're a good
nurse, and you've got guts in advocating for your patients. Let
me know what happens and good luck-Attorney/Nurse