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I am currently on suspension from a hospital in Texas. I am…

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I am currently on suspension...
I am currently on suspension from a hospital in Texas. I am a nurse working at this hospital for the past 5 yrs without any negative statements in my file, not even so much as a tardy. I was called in to the CNO's office last week and accused of HIPAA violations with facebook posting. No violation was made. These were "Rules of the ER" plagerized from several websites. Known at "office humor" and a venting process for a stressful job, they provided humor to myself and nursing friends. No patient PHI was included in these posting as they were plagerized! The CNO is currently cross-referencing these posting with my time sheet and the patient logs. I am waiting out my suspension period and have been told that it is a "commitment suspension" and that I have to provide a written response prior to coming back to work, but that I could still be terminated. I am aware that Texas is "at-will", but I am frustrated with this so called response to these allegations. And I am worried that this has turned into a witch hunt situation. I am looking for direction in formulating a response. Thanks.
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 minutes by:
6/27/2010
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,663
Experience: Licensed attorney helping employers and employees.
Verified
Hello and thank you for your question. Is there discrimination or violation of employee handbook?
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Customer reply replied 8 years ago

No discrimination (ie, racial, sexual, religious, etc). The handbook policies provided in my suspension state: #1: Workforce members using the internet, internet blogs, emails or any social network sites must never "post" confidential Company information to such sites. Revealing confidential Company information, whether using Company resources or using ones own private resources, violates your confidentiality agreement with the Company and may result in termination of employment.

#2:Intentional Work Related Disclosure - Any individual who knowingly or intentionally discloses PHI that is obtained as a result of their employment is subject to disciplinary measures, including termination.

 

Sample of postings:

Thursday Rules...3:Don't bitch about missing breakfast when I'm on the ninth hour of my shift and haven't peed yet. 2:Don't tell me you have no money for medicine while you have a carton of cigarettes in your purse(next to your cell phone), and each of your seven kids are playing their own Nintendo DS. 1: If you are an 80 yr old male with C/C abd pain, and after assessing you , you tell me " Nurse? did I tell you I have diarrhea?" I will seriously duly note this, until you tell me "It runs in my jeans" and laugh. Then I will duly note you as a "non complainer",,,, I will love you to death, and watch over you as carefully as if you were my own father. Because the non-complainers are the ones who will crump on you faster than you can blink

Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Your option here is limited to asking managent to reconsider especially where internal rules not followed or arbitrarily enforced.
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Customer reply replied 8 years ago
Relist: Answer quality.
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Is there something you need clarification on?
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Customer reply replied 8 years ago
Relist: Answer quality.
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Do you have a question you need answered further? Please respond using the reply.
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