Termination within probation period...?

[wushukungfoo]

What is the name of your state?What is the name of your state?
ARIZONA

First, I'd like to thank everyone in advance for their advice.

Here's the situation:
My girlfriend worked for a local hospital as a Certified Nursing Assistant. In addition to the necessary certification from the Arizona State Board of Nursing, she had an excellent work history and the necessary qualifications and experience for the position. Unfortunately, the Senior Clinical Manager did not feel that she was adequate for the unit and terminated her within her initial 90-day probationary period. I also feel I should mention that there were two other individuals in the same unit much less qualified for the position and also did not possess the CNA certification from the Arizona State Board of Nursing.

The manager explained that although she didn't feel that my girlfriend was working well for the unit, the termination would not reflect negatively on her record and would only show as "unsuccessful" on her record. In addition, the manager explained to her that she would remain eligible for rehire. However, several weeks afterward my girlfriend had applied to at least 20 positions distributed throughout other units within the hospitial organization (no exaggeration here! ) and was rejected, without interview and without reason, for each and every one of them. I am beginning to believe that something negative has actually been placed on her record and is preventing her from seeking employment.

Does my girlfriend have any recourse in this matter?

 

[wushukungfoo]

To further clarify, I already understand that the hospital is not in any way obligated to provide an interview, or even consider other applications submitted by her for other positions, as they wouldn't be obligated to accept anyone else's application either.

What I am actually asking is if there might be a liability on the part of an employer when management indicates to an employee that nothing negative will be placed in their permanent record and yet all actions by that employer seem to indicate that something negative has, indeed, been placed there.

For example, applications to other local hospitals and nurse registries have been met with immediate response and interviews. Again, with solid credentials and a host of recommendations from former employers, their actions seem a little suspect...

 

[cbg]

It is an ENORMOUS stretch to assume that because she has not been granted an interview, that automatically means they have placed something negative in her file.

Contrary to what many people appear to believe, it is exceedingly rare for a hiring manager to check references before they decide who they are going to interview.

Even if the employer has placed something negative in her file, that is not illegal unless your girlfriend can prove (1) that it is KNOWINGLY FALSE (not an opinion that she disagrees with, but that it is factually incorrect and that the manager knew that it was factually incorrect) AND (2) that is it solely because of this that she has not gotten a job.

 

[wushukungfoo]

Thanks for your input, cbg. I appreciate the time you took to respond.

As far as your points go, (1 and 2, addressed respectively) I have some questions...

Wouldn't placing any sort of negative comments in the file after telling the employee the action "will not reflect negatively on you in your permanent file" be "knowingly false"? Yeah, I know....still gotta prove it...but hey, after obtaining the documents and finding negative comments I think it would be proof enough....

I agree, proving that was the sole reason for her job denial would be extremely difficult.

Here's why I believe that in this case she is actually being affected by it. The system the hospital uses for job applicants is a solely internet-based system. I'm wondering that this system may have a "non-rehireable" flag with which she has been falsely identified. Her electronic applications are almost immediately denied (less than a few hours I would say).

This appears to me (quite possibly I may be viewing it wrongly) that the application has gone completely without human review. That some sort of record MAY have been checked, that negative flag had been found, and her application summarily denied.

It's not so much her not being even granted an interview...which as you well know, no employer is obligated to provide... it's the fact that even her *application* is denied and it is denied almost immediately. That's why I didn't think it such a stretch to think that something fishy is going on here.

Some people look to hear the advice that they *want* to hear from others. I am not one of those. I am simply trying to clarify the details for you to allow you to offer a more detailed opinion. Thanks again for your time and consideration...it's greatly appreciated!

 

[cbg]

Wouldn't placing any sort of negative comments in the file after telling the employee the action "will not reflect negatively on you in your permanent file" be "knowingly false"?

No. An example of something that is knowingly false would be "Susie was fired for stealing". It would not be knowingly false to say, "Susie was fired because she was not fitting well into the unit".

The fact that they told her they would not put anything negative into her file does not mean they are legally liable if they changed their mind and did. In addition, you are only guessing that this is what happened.

Even with the additional details you have provided, my opinion has not changed. I still believe it is unlikely that ALL the hiring managers are checking her file before they decide whether or not to interview her. I am basing this on many, many years of participating in the hiring process.

Moreover, even if you are 100% correct, unless something is a LIE (not a negative opinion that she disagrees with, not a misunderstanding, not someone jumpingg to conclusions on the basis of half-heard or half-understood information, but a bald-faced, deliberate LIE) it is not illegal.

 

[wushukungfoo]

Thanks cbg for your additional clarification. Again your time is appreciated.