[malachydoxie]

hello I am an RN in Michigan and new to this forum, I am in quite a situation at work and need advice!
I began working as an RN on a postpartum unit in February of this year and had an extremely difficult time learning the unit as we had also at the same time "went paperless" with charting and the hospital had all new computers... I also had 7 different preceptors (was told at interview I would have 1 or 2) long story short, I recently dioscovered I have a severe vitamin B12 deficiency (my serum level is 128 and should be 200-900 range) and this explains a lot of why I had such a hard time on my orientation. well, about a month ago my nurse mgr called me into her office and basically said she would have to let me go if my performance did not improve. (this meeting was BEFORE I learned about my health issue) I went back and informed her I have this vitamin B12 deficiency and that that is why I had such hard time learning, memory, cognitive ability etc... she basically said that did not matter and that she would still have to evaluate my performance from day ONE on the unit (prior to my undergoing DAILY IM B12 injections treatment)please advise as I am now about to lose my job (my boss says I have "poor judgement" and that I am not a "safe nurse") to add to all this, one of my (7) preceptors "has it in for me" as she was one of my clinical instructors at my nursing school and we have had a "personality clash" from the first day I was on the unit and she is almost daily going to my mgr and telling her how poor of a nurse I am! any advice on what (if any) rights I have as an RN in Michigan would be appreciated. My mgr also said she would not recommend me for another RN position(so cannot use her for a reference) and she also told me that if I am fired, I would not be able to recieve unemployment... what are my rights here?? thanks

[NavyJim58]

Originally Posted by malachydoxie

hello I am an RN in Michigan and new to this forum, I am in quite a situation at work and need advice!
I began working as an RN on a postpartum unit in February of this year and had an extremely difficult time learning the unit as we had also at the same time "went paperless" with charting and the hospital had all new computers... I also had 7 different preceptors (was told at interview I would have 1 or 2) long story short, I recently dioscovered I have a severe vitamin B12 deficiency (my serum level is 128 and should be 200-900 range) and this explains a lot of why I had such a hard time on my orientation. well, about a month ago my nurse mgr called me into her office and basically said she would have to let me go if my performance did not improve. (this meeting was BEFORE I learned about my health issue) I went back and informed her I have this vitamin B12 deficiency and that that is why I had such hard time learning, memory, cognitive ability etc... she basically said that did not matter and that she would still have to evaluate my performance from day ONE on the unit (prior to my undergoing DAILY IM B12 injections treatment)please advise as I am now about to lose my job (my boss says I have "poor judgement" and that I am not a "safe nurse") to add to all this, one of my (7) preceptors "has it in for me" as she was one of my clinical instructors at my nursing school and we have had a "personality clash" from the first day I was on the unit and she is almost daily going to my mgr and telling her how poor of a nurse I am! any advice on what (if any) rights I have as an RN in Michigan would be appreciated. My mgr also said she would not recommend me for another RN position(so cannot use her for a reference) and she also told me that if I am fired, I would not be able to recieve unemployment... what are my rights here?? thanks

I am not an attorney nor do I live in Michigan but I will give you my free personal advice based on 25 years of nursing. 1. Take your case to the CNO. Use the chain of Command. Also make sure the nurse recruiter and Employee health nurse know about your situation. 2. Make sure your health issues are documented and your physician will be willing to provide you with evidence. 3. Is there a male female component to this? 4. If you are let go don't worry about not getting a recommendation from your manager. That won't affect your getting a new job. She may keep you from being hired at that particular hospital again but that's all. 5. Make sure your school knows how they treated you. :luck:

[TomB]

Originally Posted by malachydoxie

My mgr also said she would not recommend me for another RN position(so cannot use her for a reference) and she also told me that if I am fired, I would not be able to recieve unemployment... what are my rights here?? thanks

Hello and welcome to the forum!

These statements are ridiculous.

For the most part, it doesn't matter if she recommends you for another position or not. Most employers don't give any information about a previous employee, positive or negative, other than standard employment verification information (dates employed).

Your employer has absolutely no say as to whether or not you will receive unemployment compensation. If you are fired, you will most likely get unemployment. Add a health issue to the mix and that just increases your chances. There are parameters that you have to fit, i.e., length of employment, in order to qualify for unemployment.

Jim gave you great advice. Make sure you document everything, copy everything, and use the chain of command. Be careful what you sign. You definitely want to get your employee health department involved. Provide them with copies of your test results showing your problem. If your doc can provide a note for your file that would be even better.

Good luck!! Let us know how it goes.

Tom

[malachydoxie]

Originally Posted by NavyJim58

I am not an attorney nor do I live in Michigan but I will give you my free personal advice based on 25 years of nursing. 1. Take your case to the CNO. Use the chain of Command. Also make sure the nurse recruiter and Employee health nurse know about your situation. 2. Make sure your health issues are documented and your physician will be willing to provide you with evidence. 3. Is there a male female component to this? 4. If you are let go don't worry about not getting a recommendation from your manager. That won't affect your getting a new job. She may keep you from being hired at that particular hospital again but that's all. 5. Make sure your school knows how they treated you. :luck:

thanks Jim-no, there is not any male/female component to this situation, and as far as making sure my school knows how they treated me, well what makes it difficult is that one of my colleagues happens to BE a clinical instructor at the school I graduated from!-not only that, but SHE is probably one of the MAIN reasons I am in the dilemma I am in as she has been going to my nurse mgr and telling her things about my performance(all judgement calls on her part)that are exagerated. anyway I went and called HR but they were not sympathetic at all and said "we have an at will policy" I also am ineligible to take a medical leave of absence because I have not worked there long enough(need 6 mos). so I then called the "employee relations rep" and left a message but did not hear back from her today. thanks much for your advice.

[malachydoxie]

Jim gave you great advice. Make sure you document everything, copy everything, and use the chain of command. Be careful what you sign. You definitely want to get your employee health department involved. Provide them with copies of your test results showing your problem. If your doc can provide a note for your file that would be even better.

Good luck!! Let us know how it goes.

Tom[/quote]

what exactly would you mean with "be careful what you sign"?? I am now facing termination, since I have refused to resign.(due to fear of not being able to collect unemployment benefits for resigning/quitting) should I not sign any paper work they present to me??
I have written documentation from my doctor about my conditon, and offered several times to provide this to my nurse manager, but she said it was not necessary. I feel I have gone thru chain of command (nurse mgr,employee health, HR)
thanks

[WANurse]

FMLA.... Federal law...They CANNOT fire you for medical reason. Family Medical Leave Act. You are entitled to up to 12 weeks/year medical related absentism. IT"S THE LAW! Take a FMLA leave of absence, get your health in order and then return to work. Now...when you return, you will have to be able to preform the duties of your job, or they can begin the termination process. But while you are on your LOA, look into the Americans with Dissabilities Act. If this qualifies as a "dissability", the hospital will have to make "resonable accommidations" for you.

As was mentioned before....document, document, document...dates, times, & names.

I bet the tune will change when you mention FMLA to the HR dept. And if it doesn't...contact a labor attorney...You've got a case!

[malachydoxie]

Originally Posted by WANurse

FMLA.... Federal law...They CANNOT fire you for medical reason. Family Medical Leave Act. You are entitled to up to 12 weeks/year medical related absentism. IT"S THE LAW! Take a FMLA leave of absence, get your health in order and then return to work. Now...when you return, you will have to be able to preform the duties of your job, or they can begin the termination process. But while you are on your LOA, look into the Americans with Dissabilities Act. If this qualifies as a "dissability", the hospital will have to make "resonable accommidations" for you.

As was mentioned before....document, document, document...dates, times, & names.

I bet the tune will change when you mention FMLA to the HR dept. And if it doesn't...contact a labor attorney...You've got a case!

hi thanks for the advice, however this past sunday, I was called at my home by my nurse mgr and she told me I had to come to HR office Monday as "my position has been terminated" and to return my badge. So I complied, did not sign any paperwork, and was told I would be receiving a letter in the mail from one of the other HR reps soon. If like you say I do qualify for FMLA, aren't they (HR) supposed to tell you this?) I was told I did not qualify for a Medical leave of absence because I was still on my 6 mos as a new employee probation period, and that I was not allowed to take even a one or 2 week LOA for a medical reason (even without pay)(even tho my MD recommended that I do so.)anyway, I could not afford to take 12 weeks off let alone one or two as I have bills to pay and am unmarried with no other financial support. I will look into to FMLA and Americans with Disabilities act thanks again.

[NavyJim58]

malachydoxie, sorry to hear about all your troubles but keep your chin up and things will get better.......i'll be honest and say when I was young and inexperienced I was talked in to resigning rather than being fired as my new boss "claimed" would happen.....he made all kinds of "veiled" threats to me so I would resign......that is what he and HR wanted as that is easiest on them......if you resigned your job then you fell into their "trap".......life goes on......:luck:

[celticRN]

So sorry to hear about your termintation. Why is it that nurses seem to forget how nervewracking that first hospital assignment is. I have been a nurse for 18yrs and I will never forget my first job. My preceptor was horrible. I cried for nearly 2 months, it wasn't just me, but when we complained to our manager she just said " oh well, that's just how she precepts". Just remember there are plenty of wonderful nurses out there and I really hope this experience hasn't frightened you off nursing. Keep your chin up, take care of yourself and the best of luck in your next assignment.