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Defamation about me to co-workers from manager after "terminated"

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nomad01

Junior Member
What is the name of your state? Alabama

I am a "contract" nurse at a hospital and have been there for quite some time. Never been reprimanded. My contract ended and my company was in the process of obtaining a new contract for the next month. The hospital had already placed me on the next months schedule to work. I kept being unfairly scheduled to work mandatory overtime of 4 days/week w/o my permission or request to do so. I worked my required 3 days and called out on the 4th day as "sick". This was on a saturday night and on monday afternoon my company called me saying not to go into work that the hospital was not going to renew my contract for the next month. They said the reason was b/c I had called out 2 times in 2 weeks. Ive been working there for 7 months and have only called out a total of 3 times. I have never not worked my required 3 days a week even when I called out--b/c it was a 4th. I have even helped out and worked extra days in the past.

I found out and have a copy of the papers that on the "staffing" sheet that the hospital supervisor sends around to each nursing unit so the current shift knows whos coming into to work that day to prvide for adequate staffing...it had my name slashed through and written next to it was "TERM" meaning terminated. This sheet is left out in tht open on the nurses station for everyone to have access to. This access is not restricted to anyone and a copy can be requested by other floors to read if they really want to. I wasnt "terminated" b/c the contract had ended and i wasnt offered an extension and I didnt accept a new extension.

I also found out and have a copy of written defamation about me from an "assistant manager" that she sent as an internal email to ALL staff members on my particular nursing unit and to the nursing manager. Again, this email can be printed and read by anyone. This is what the email said "Also, I'm still looking for volunteers to fill ___________ (fill in my name) night shift. Due to "____'s" actions, Susan chose not to renew her contract. Anyway, we need help on some nights. Anyone interested email either susan or myself."


How in the heck can she get away with sending a massive internal email to all of my coworkers stating that i was fired and the supposed reason for and etc. For all the coworkers know...they could assume anything they want to by her stating "due to her actions". They could gossip amongst themselves and to others what "action" they think i performed to be "terminated". They could tell people that i killed a patient, or hit a coworker, or slept with a physician. There's not telling what people are saying about me now b/c of this managers defamation. And she had the nerve to publish it AND email it to over 15-20 people.

What can I do about this? Is there a federal law that has been broken? Can i report this to somewhere? Can this person be fired or reprimanded somehow for doing this to me? Several coworkers told me about the email and were very upset themselves about the situation and had reported it to the hospital supervisor. She has copies and said she would speak to the nursing director at the hospital but I think this is worse that just a little internal slap on the wrist.

Any advice would be appreciated. Thanks.
 


pojo2

Senior Member
Good grief what defamation of character. 7 months (new employee in other words) 3 calls ins is excessive if I were the employer.

Wpuld you have preferred to see "contract not renewed" on the sheet?

What are your damages?

You are making a very large mountain out of a itsy bitsy ant hill.
 

BelizeBreeze

Senior Member
How in the heck can she get away with sending a massive internal email to all of my coworkers stating that i was fired and the supposed reason for and etc. For all the coworkers know...they could assume anything they want to by her stating "due to her actions".
Your assumptions are what is wrong here.

A contract emplyee is 'termed' when the contract has not been renewed. It's the CONTRACT, not the employee.

As for communicating that fact, the company has every right to do so. This is NOT private information.
 

TCASWFL

Junior Member
The email is not considered defamation by any means and only states the facts that;

1. Due to your actions (calling out sick 3 times) they choose not to renew your contract.
2. Due to this they now are looking for other staff members to pick up some extra shifts to help out.

Your actions alone caused you to loose your job. Just so you know there is no law that states an employer can’t require to work over time weather or not you like it and they do not need your permission. You’re a professional nurse in hospital not a Mc Donald’s employees and as such you are expected to act in professional manner and do what is needed at times to accomplish the job even if you don’t want to. I’m sure you would expect police and firemen to work more than 3 days in a row if needed to protect you or your property. Just look at all the emergency workers in the areas damaged by Katrina, I’m sure they’re not calling out sick when told then need to stay and work. Long hours and OT are part of the profession you choose.

Again you have no one to blame but yourself for the loss of your job.
 

cbg

I'm a Northern Girl
Any time employment ends, for whatever reason, that employment is terminated. There are voluntary terminations (quits, resignations) and involuntary terminations (firings, layoffs, medical reasons). A non-renewal of contract could be either, depending on whose choice it is not to renew the contract.

NOTHING in your post suggests that anything has transpired that would give you legal recourse. Good grief.

Not only has no federal law been broken, no law has been broken at all.
 

nomad01

Junior Member
i appreciate advice, but im afraid that none of you completely understand the strange world of "contracted" nurses. Alot of the responses do not pertain to the contracts that agencies have with hospitals. They can NOT in any way what so ever schedule a contract nurse for more than 3 days/week w/o permission just like they are not allowed to "call off" or "cancel" one of the 3 required shifts to work. That is a breech of my contract and my company will intervene and NOT allow the hospital to do this to me.

BTW, I appreciate how people have no idea that nurses do NOT have to nor want to work overtime just like anyone else just b/c we are in a field of life/death. Its the hospital's responsibility to properly staff the units w/o stressing the current staff with undue heavy pt loads/hours.

NO one on the unit knows that I called out or the reasons why. You are allowed to call out "sick" you know. Besides, in the healthcare field it is very good to have only called out 3 times in 7 months and all 3 of those times were after I had already worked my required 3 days/wk and they wrongly scheduled me overtime again w/o my permission or request. I called out 6 hours before shift....only 2 hours is required.

Anyways, I dont see how sending an email to everyone in a dept stating the persons name and personal accusations for a termination is allowed. Why didnt she just say "This person is no longer with us, we need some people to fill extra shifts" Why try to get into specifics and make people gossip and slander me b/c they dont know the exact "actions" that I committed to not be "renewed". Not renewing a contract nurses contract is NOT considered in any way a matter of "terminating" the person. Most hospitals dont "renew" contracts simply b/c they dont need them anymore b/c they had hired enough in house staff.
 
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BelizeBreeze

Senior Member
nomad01 said:
i appreciate advice, but im afraid that none of you completely understand the strange world of "contracted" nurses. Alot of the responses do not pertain to the contracts that agencies have with hospitals. They can NOT in any way what so ever schedule a contract nurse for more than 3 days/week w/o permission just like they are not allowed to "call off" or "cancel" one of the 3 required shifts to work. That is a breech of my contract and my company will intervene and NOT allow the hospital to do this to me.

BTW, I appreciate how people have no idea that nurses do NOT have to nor want to work overtime just like anyone else just b/c we are in a field of life/death. Its the hospital's responsibility to properly staff the units w/o stressing the current staff with undue heavy pt loads/hours.

NO one on the unit knows that I called out or the reasons why. You are allowed to call out "sick" you know. Besides, in the healthcare field it is very good to have only called out 3 times in 7 months and all 3 of those times were after I had already worked my required 3 days/wk and they wrongly scheduled me overtime again w/o my permission or request. I called out 6 hours before shift....only 2 hours is required.

Anyways, I dont see how sending an email to everyone in a dept stating the persons name and personal accusations for a termination is allowed. Why didnt she just say "This person is no longer with us, we need some people to fill extra shifts" Why try to get into specifics and make people gossip and slander me b/c they dont know the exact "actions" that I committed to not be "renewed". Not renewing a contract nurses contract is NOT considered in any way a matter of "terminating" the person. Most hospitals dont "renew" contracts simply b/c they dont need them anymore b/c they had hired enough in house staff.
and I don't think you understand. Being fired is NOT protected information. They can tell anyone and everyone you were Termed, they kicked you to the curb or that fired your ass and it's still not any cause for leagal action.

NOW do you understand?
 

cbg

I'm a Northern Girl
And I don't think YOU understood what I said.

You WERE termed. Termed is not a synonym for fired. Your employment ended - that's a termination. If you quit, that's a voluntary term. If you were fired, that's an involuntary term. But BOTH are terminations.

Since nothing that was said is untrue, there is no defamation.
 

pojo2

Senior Member
We all perfectly well understood your plight but as plain as one can put it your contract EXPIRED!!!!!!
 

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