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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5615
Experience:  Exclusively practice labor and employment law.
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I want to update you with what has happened over the last

Customer Question

Hi John, I want to update you with what has happened over the last few days and need additional advice. I was called by the NHA, for future reference nursing home administrator, to return to the facility on wed 10/12 for a meeting. Prior to that meeting the day before, I contacted Dr Shin via telephone to discuss the events that lead up to my suspension. I told Dr Shin that the DON Donna had suspended me on Monday because she told me Dr Shin came to her on Friday 10/7 and reported that I was an incompetent nurse and he was upset that I had questioned him several times regarding an antibiotic. Dr Shin denied ever speaking to the DON or NHA about anything regarding me and he stated I never said you were incompetent either because your not. He said the only conversation he had about that situation was with Maryann RN supervisor and he said he was not upset , he just mentioned a mix up to her. Dr Shin had agreed to speak on my behalf and present the facts to DON and NHA. I went to my meeting on wed as scheduled with DON and NHA both present. I had asked for a witness to be present in the office during this meeting. The PBC, payroll benefits coordinator sat in the room behind me. I then asked the NHA, to tell me how my suspension had come to be. He responded, Dr Shin had come to DON on Friday 10/7 with complaints that I was an incompetent nurse. I said, WOW, thats funny, I spoke to Dr Shin yesterday and he said that never happened. I looked DON in the face and said Donna, did you speak to Dr Shin on Friday? The NHA quickly spoke up and said he would be following up with Dr Shin. I said please call him now, NHA declined saying he would not call in my presence that he would make the call later. I turned to the PBC and said remember what you just heard. I then asked to write a statement regarding what had just occurred. I was escorted to the PBC office to write my statement, I wrote it and received a copy of it per my request. NHA stated he would call me at the end of the day..... no call. Yesterday, I called corporate HR and left a message for Greg to please call me...... no return call. This morning, I called corporate HR again and asked Greg to please call me as I am on day 5 of suspension.{normal suspension is 3 days]. Shortly after that, Gregs assistant called me. I had one other previous chat with this lady regarding getting the final notice for discharge, remember I had no prior disciplines in my 36 years as a nurse. I asked her for a copy of that final discipline but nobody followed thru and I dropped. I told her why I was calling, explaining to her that Donna had lied about the incident with Dr Shin and that again, she lied about me being disrespectful. I also told her that DON told me that 2 different doctors had "thrown me under the bus" and that I had spoken to those physicians and again, they both denied that ever happened. This lady scolded me and said I violated policy by doing my own investigation and that I may receive another discipline for speaking to these physicians. I explained that I was trying to protect my integrity and my job. She told me that I will be paid for days of suspension and asked me what I wanted. I said to work in a non hostile environment and to be left alone to do my job. She said the DON has a good reputation and that is probably exactly what our troubled building needed to get the place functioning the way it should. She told me the RDO, regional director of operations would be in touch with me early next week for a meeting. I have had conversations in the past and too, caught him in several lies. The resolution I am expecting at this point is that the previous discipline, final notice be dismissed, this incident with Dr Shin to be dismissed, and start with a clean slate since these were all based on lies. I want to remain in my position as unit manager since this is MY community where I care for family, friends ,and neighbors. Donna drives one and a half hours each way to get to work and home. I planed to stay with this company til I retire. NHA and DON'S come and go constantly in this field. In the 11 years I have been with the company, we have had 7 different DON'S and probably the same amount of NHA'S. Please advise.
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.

I'm sorry...what is the question here? None of this really changes the answer to the first question. If anything you could just present to HR all the information you presented here and have it place in your file, but nothing compels them to do so.

Customer: replied 10 months ago.
What if they present me with another discipline for questioning these physicians? What should I say
Expert:  John replied 10 months ago.

My recollection is you don't have a union and are at will. So your options to dispute the matter are really limited to non-existent. Some employers have mechanisms within their work procedures by which you can challenge discipline. I'd advise that you look at your handbook and determine if you have such a mechanism. Otherwise, the at will nature of your position gives you zero right to dispute the matter.