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Seems Close to Wrongful Termination

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durango_joe

Junior Member
What is the name of your state (only U.S. law)? New Mexico

I'll try and just keep this to the facts... someone close to me was just fired. She is a nurse at a large private hospital and the reasons that they listed were:

violation of fire code: she had been using a small george foreman electric grill to cook her lunches for weeks before her supervisor told her not to. She used it one last time on the same shift she was told otherwise before taking the grill home. No formal policy was ever written. This same room has a toaster, coffee maker, and microwave all seeing frequent use.

refusal to administer patient care
: When her supervisor asked her to take a new patient she said no (jokingly according to her) and then proceeded to take care of the patient. She is on all documentation as the patient's nurse.

She was subsequently pulled into a "meeting" with her boss and the head of HR. They skipped over the usual pathways of verbal and written warning and went to a final written warning based on the above. There are some quotes in the complaints that she said were blatantly false. The reply from the HR manager was "well that's neither here nor there." She was later asked if she had anything to say regarding the preceding. She asked "will it make any difference?" to which they answered "no." (all quotes are transcribed from digital recorder she had in meeting)

The following shift she was terminated for "failure to improve post counseling"

She had never been written up or disciplined for any prior events in her 4 year history.

Any thoughts on this?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? New Mexico

I'll try and just keep this to the facts... someone close to me was just fired. She is a nurse at a large private hospital and the reasons that they listed were:

violation of fire code: she had been using a small george foreman electric grill to cook her lunches for weeks before her supervisor told her not to. She used it one last time on the same shift she was told otherwise before taking the grill home. No formal policy was ever written. This same room has a toaster, coffee maker, and microwave all seeing frequent use.

refusal to administer patient care
: When her supervisor asked her to take a new patient she said no (jokingly according to her) and then proceeded to take care of the patient. She is on all documentation as the patient's nurse.

She was subsequently pulled into a "meeting" with her boss and the head of HR. They skipped over the usual pathways of verbal and written warning and went to a final written warning based on the above. There are some quotes in the complaints that she said were blatantly false. The reply from the HR manager was "well that's neither here nor there." She was later asked if she had anything to say regarding the preceding. She asked "will it make any difference?" to which they answered "no." (all quotes are transcribed from digital recorder she had in meeting)

The following shift she was terminated for "failure to improve post counseling"

She had never been written up or disciplined for any prior events in her 4 year history.

Any thoughts on this?
**A: my thoughts are: is she in a union or protected class? If not, she can be fired for no reason at all. Maybe she can apply for a cook's position.
 

cbg

I'm a Northern Girl
A wrongful termination does not mean that you were fired for something you didn't do. It does not mean that you were not given a warning first. It does not even mean that company policy was violated.

To qualify as a wrongful termination, there must be a specific law that prohibits the employer from terming the employee for the reason they did.

Specifically, what law do you believe was violated?
 

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