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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1285
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was terminated by my employer Central Valley specialty hospital

Customer Question

I was terminated by my employer Central Valley specialty hospital they claim to be a long term acute care hospital. I'm an RN WITH 30 yrs experience. They state I was terminated because of neglect. The first reason was there was an elderly female who at the time of shift report had a change in level of consciousness. She was unable to speak. No other deficits were noted.bp and FSBS were within normal limits. Her son was present and had said she has had multiple strokes. He was sure this was what was happening again. Call was made to her dr Reddy who stated the pt behaves like this at times. I told the Md that this was my first time with the patient and that she new the patient better then I did. No orders received. Dr reddy came in approx. 2 hrs later and stated that this was not the pts usual behavior and she wanted a stat CT of the head. The unit clerk called Doctors medical center to arrange the scan. Then she called AMR to set up transportation. The patient was on tele monitoring so she needed CCT(critical care transportation). AMR stated the would have an available unit about 13:30pm. Dr reddy was aware of the time frame. Around 13:40 my unit secretary called to check on transport and was told there would be more delay due to CCT UNIT going to Manteca and return time would be approx. 16:30. At approx. 17:40 Dr Reddy called to see if we had results. I told Dr. That no results yet and would she like me to call dMC radiology for results. Dr Reddy said yes call them. When I called and spoked to tech he stated radiologist reads results. Explained to tech that there was an order for pt to be admitted if the results were abnormal. Tech said he didn't see that order and sent pt back to CVSH. Dr reddy called and said to have pt go to ER and be admitted. Pt arrived within 1-2 minutes and told AMRIT to take pt back to ED. I was then confronted by supervisor Rita Waker and ResourceNurse pj about why I hadn't called Gia the CEO regarding sending pt back to ER. I told them that I didn't know that I had to ask Gia's permission after receiving a doctors order. I was called in on my day off to talk to Matt Salas who's role I do not know. He was in conf. Room with Preet RN who transcribed. They asked me the circumstances and the time line and I provided them with my best knowledge. On Thursday after my 12 hr shift I was told to finish up and clock out before coming to see Matt again. This time Gloria was present she is a supervisors/something else. She did not speak during the meeting. I was first told about the issue with the patient having stroke symptoms. My reply was that I was never told to call 911 by the doctor, the resource nurse or anyone else. I also was neve given this scenario during orientations or any papers describing this situation or any other situations requiring the RN to call 911.
The other situation was that the hospital started team nursing on the second floor which consisted of 1 RN and 1 LVN plus a CNA or 2 RNS. I had been on a medical LOA and I ask on my return for a few days of orientation because of the new team nursing. I was given 3 days to learn the new process however each day the team divided the workload differently. Sometimes with an RN and an LVN the Rn would do all the charting and the LVN would do all the meds. The teams were 9 or 10 patients. Acuity was never taken into account. We did walking rounds during shift change but I was never given any printed material on how team nursing was supposed to be successful. I was written up because I didn't recognized that my team mate another RN her wound vac was not operating. How can I be expected to assess her 5 patients as well as my 5 patients and get our work done in a timely manner!! I feel that I was wrongly terminated. I want to sue for this and defimation of character. Thank you. Jodie Aguilar RN
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, wrongful termination seems to have a completely different meaning in the law from what employees seem to think it has.
Were you terminates solely based on your age/race/sex/disability/national origin?
Also, you say defamation, did the person who made the alleged false statements against know at the time they made them that they were false, or were they an opinion based on the fact presented to the person at the time?
Did you have a written contract for employment or were you an at will employee?