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Falsely Reported to HR by Coworker

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Jancanyon

Member
Im a nurse at a hospital. One night (at the end of November) my charge nurse starts screaming at me at work for charting differently than her (but I charted how I was trained by another nurse). This charge spent the next 4 shifts without speaking a word to me. I decided the situation was too uncomfortable, so I interviewed in another department. The interview went really well and a friend in that department said that they were going to offer me the job.

About 5 days after my charges verbal tirade against me, HR brought me into their office. I thought they were going to tell me that I was hired in another department. Instead, they told me that the charge nurse had reported me a dozen times in 3 days. They went through every report and they were all fake events. I told HR that the charge nurse had been screaming at me and had a long history of screaming at coworkers. I asked HR to verify the reports (ID tracker, charting, asking witnesses). HR refused to verify any of the reports. HR told me that I should try to transfer to another department. A few days went by and I didn't hear anything from the department where I applied. I asked HR what happened with that position. HR told me that because I had received so many reports by this charge nurse, that I wouldn't be able to transfer. HR had also taken be off the schedule on my own unit because they said that "there was too much drama" on the unit for me to stay there.

So, now I have no job. I have nothing in writing from HR. They didn't allow me an exit interview. I had never had a single write up in the two years before I started working with this particular nurse.

While not officially firing me, HR took me off my schedule and blocked me from transferring. They did this is response to fake reports that an unethical nurse made about me. HR verified nothing.

I live in an at-will state, but could anything be done legally?
 


commentator

Senior Member
You say you have never had a write up "until I started working with this particular charge nurse." I would take this to mean that since she has become your supervisor, you have had some write ups? Do immediately file for unemployment benefits. This is pretty much your only recourse against being fired like this in most cases.

Frankly, I can't see anything that would give you any grounds for a lawsuit or legal action of any kind. Being treated unfairly and unjustly happens a lot, and it's not illegal except in certain specific circumstances. But it never hurts to check. But even if you believe you are on your way to another job immediately, file the claim for unemployment benefits right away. In order to deny you benefits, the employer would have to show that they have a valid work related misconduct reason for your termination. Performance issues are spectacularly hard to defend in unemployment, unless there is a clear cut trail of write ups and performance reviews showing problems before this particular precipitating incident that caused your firing happened. There will be several questions regarding any prior warnings or threats of termination. Did you know that you were about to be terminated? Doesn't sound like it. Be sure when filing your claim this gets across.

I also notice that your description of incidents contains a curious lack of some detail. In other words, I'd want to ask what specifically happened after your charge nurse screamed at you for charting wrong? Did you scream back, argue, make a defense or accept it silently? Did you receive a write up, a warning, any sort of disciplinary action other than being verbally confronted? It sure is hard to accept that you found out she had reported you in all these falsified incidents during the next few days and they totally never happened and you weren't aware of them. But if you have witnesses to that effect, this definitely strengthens your case of being fired through no fault of your own.
 

Jancanyon

Member
You say you have never had a write up "until I started working with this particular charge nurse." I would take this to mean that since she has become your supervisor, you have had some write ups? Do immediately file for unemployment benefits. This is pretty much your only recourse against being fired like this in most cases.

Frankly, I can't see anything that would give you any grounds for a lawsuit or legal action of any kind. Being treated unfairly and unjustly happens a lot, and it's not illegal except in certain specific circumstances. But it never hurts to check. But even if you believe you are on your way to another job immediately, file the claim for unemployment benefits right away. In order to deny you benefits, the employer would have to show that they have a valid work related misconduct reason for your termination. Performance issues are spectacularly hard to defend in unemployment, unless there is a clear cut trail of write ups and performance reviews showing problems before this particular precipitating incident that caused your firing happened. There will be several questions regarding any prior warnings or threats of termination. Did you know that you were about to be terminated? Doesn't sound like it. Be sure when filing your claim this gets across.

I also notice that your description of incidents contains a curious lack of some detail. In other words, I'd want to ask what specifically happened after your charge nurse screamed at you for charting wrong? Did you scream back, argue, make a defense or accept it silently? Did you receive a write up, a warning, any sort of disciplinary action other than being verbally confronted? It sure is hard to accept that you found out she had reported you in all these falsified incidents during the next few days and they totally never happened and you weren't aware of them. But if you have witnesses to that effect, this definitely strengthens your case of being fired through no fault of your own.
Thank you so much for your reply. I just don't know if it's a waste of my time to fight this. The hospital has a "report it" program on our work website where we can write anyone up for anything. Im not sure if it would be productive to sue the hospital for providing this reporting system and then not verifying anything reported. The reports go straight to HR and then to about 10 hospital unit managers. They have weekly meetings to read and discuss reports submitted, yet make no attempt to verify anything. Each report that was made up about me could be easily verified as false by asking witnesses, looking at medical orders, looking at charting and ID trackers. They were just written because the chart nurse didn't like me.

I just feel like this shouldn't happen to other hospital employees and HR should actually look into reports before taking action on them...
 

Chyvan

Member
I just don't know if it's a waste of my time to fight this.
Pretend that you did nothing wrong and there were no reports of you doing anything wrong, and you were taken off the schedule and essentially fired without being told that you were fired.

Would you feel you could do anything?

This is the concept you have to grasp. Lots of people know they can be "laid off," and seem to be ok with it, but yet when fired for something they didn't do they think they have recourse, but the point is that you're just like the "laid off" person. Employers can fire you for made up reasons, things you didn't do, and wrong reasons. It sucks, but that's what the UI system is for. Go try to get your benefits.
 

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