nurse fired with do not hire for argument

What is the name of your state (only U.S. law)? Oklahoma
Nurse fired with a do no recomend for hire because of argument with another nurse. Nurse entered the work place to take up shift when nurse working the previous shift gave her an order to do something the supervisor had ruled she did not have to do. The nurse from the previous shift then proceded to turn in a report against the nurse on the computer. the nurse reached for the keyboard to stop her touching the finger of the nurse from the previous shift on the finger. The nurse from the previous shift then said "you struck me, I'm calling 911"...and reached for the phone. nurse reached for the phone to prevent the previous shift nurse from calling 911. thats when a nurses aid grabbed the phone and the nurse from the previous shift grabbed the nurse by her shirt and shook her. the nurse got loose and there were heated words exchanged. (it was kind of like 2 against one) reports were filed by 2 aids and the 2 nurses involved. the 2 aids were personal friends of the nurse from the previous shift and the reports were embellished in their friends favor. The nurse comming on the shift was told later that the nurse from the previous shift had been "spoiling for a fight all day, angry and talking loudly" and no one tried to do anything about it. the nurse comming on her shift was not warned of the situation and thought she was acting defensively.
Is there anyway to clear this up and help the nurse that was comming on the shift get a job recomendation? she loves nursing and has nothing else against her on her record.

Did you have a legal question, or did you just want someone to listen to your story?

Frankly, a DNR is a lot nicer than the previous company explaining how the terminated employee was involved in a physical altercation. She can explain her side of it when she goes to apply, but her options are limited.

Marilyn jackson said:

The nurse from the previous shift then proceded to turn in a report against the nurse on the computer. the nurse reached for the keyboard to stop her touching the finger of the nurse from the previous shift on the finger.

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The nurse from the previous shift then said "you struck me, I'm calling 911"...and reached for the phone. nurse reached for the phone to prevent the previous shift nurse from calling 911.

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the nurse comming on her shift was not warned of the situation and thought she was acting defensively.

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Defensively? How was she acting defensively when she physically tried to prevent the other nurse from filing a report? How was she acting defensively when she physically interfered with the other nurse's attempt to call 911?

It doesn't matter if the aides were friends, relatives, or clones of the previous shift nurse. Their embellishment was a wasted effort. The truth was bad enough.

The previous shift nurse is lucky she wasn't arrested for assault and interference with 911.

I agree.

If anyone working for me had tried to slap the phone out of the hand of another employee ... especially to prevent the call to 911... I wouldn't let them back in the building either.

AND she wants a positive recommendation??? She should look for a job where the main requirement is having a lot of nerve.

Clt747 said:

AND she wants a positive recommendation??? She should look for a job where the main requirement is having a lot of nerve.

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Especially since that 911 call would have effectively ended her nursing career.

hi i was trying to help the nurse figure out how to handle this when applying for a job. She is a really good nurse who likes what she does. Its sad that she reacted this way and i am trying to help her. I have already told her that firing was the only solution.
Does she have a legal way to handle it?(evidently not). So how does she present herself to another employer and get hired?

Marilyn jackson said:

hi i was trying to help the nurse figure out how to handle this when applying for a job. She is a really good nurse who likes what she does. Its sad that she reacted this way and i am trying to help her. I have already told her that firing was the only solution.
Does she have a legal way to handle it?(evidently not). So how does she present herself to another employer and get hired?

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She should present herself in a factual manner.

You should also tell your friend that it is not against any state or federal law for her former employer to state exactly why she was removed.

I recommend HIGHLY getting a letter of recommendation from someone trusted at her previous workplace and using that person as a reference.

And be prepared for that letter to carry little to no weight with many employers. Letters of recommendation are too easily forged by anyone with a scanner and a laser printer, for most employers to be impressed by them.

Thank you, I just spoke with here. She said the other nurse grabbed her clothes by the chest and was screaming at her when she was going for the phone. I had the phone part wrong. my friend was saying "fine i will call and tell them the truth" and the other nurse said" well i can tell them you hit me"..... then the other nurses friend (an aid) grabbed the phone away from her. with only a couple of places to work at and i think they are owned by the same company. you can see why this is such a problem. thank you for your advice.

Well, if she was assaulted by the other nurse (and this is all very confusing) she could have, and should have, called the police.

The bottom line is, if she uses her ex-employer as a reference they can tell the prospective employer why she was fired. Your friend can try to mitigate that by explaining the issue during her interview and giving them her side of the story, but she has no legal recourse by which she will be guaranteed employment or to keep her previous employer from giving her a bad reference.

It should be stated that if she feels very strongly about this she should not take the opinion of a message board as the final word, and she should seek the advice of an attorney. I'm just telling you that I don't think she'll prevail.

cbg said:

And be prepared for that letter to carry little to no weight with many employers. Letters of recommendation are too easily forged by anyone with a scanner and a laser printer, for most employers to be impressed by them.

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You are correct, but at least it would give future employers someone to talk to that MIGHT NOT mention the "brawl in the hall".

cyjeff said:

the "brawl in the hall".

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That makes it sound like it was sponsored by Vince McMahon.

Clt747 said:

That makes it sound like it was sponsored by Vince McMahon.

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Or Don King.