I have worked for a nursing home facility since January of 2016 and was recently fired because I got 3 write up's for being late 3 weeks before I was fired the bosses daughter would constantly rant over how she wished she could work my position which was one 8 hour shift and 2 shifts that where 16 hours making my 40 hour work week in 3 days which meant I was off 4 day's a week and I loved it never had any complaints from patient care or any other errors on my part. I recently worked our COVID-19 unit and the second wave of COVID-19 took out a bunch of our residents I started depression medication and anxiety and sleeping aids to help with what I was going through mentally from what I was recently encountering on the job from my psychiatrist the adverse reactions of these meds where sleeping heavily there for causing me to wake up late at times because I only took my insomnia medication and sleep aid as needed and depression medication you can't just take as needed the it's constant to work effectively, my job then complained about me being different because the depression medication effect everyone differently which I can't help to each their own. So after me 3rd write up for being late over a 6 year period and med change I was fired the 3rd write mind you I have never been in any serious trouble at work as a nurse I know my role and what needs to be done. I filed unemployment because after the second write up I was told since the sleeping meds and anxiety meds where causing me to overly sleep they would change my shift to evening shift so it would better occomidate me and my needs because I was open and honest with them about it ALL so they where VERY aware well guess what instead of changing my shift like was discussed by management they fires me instead of a suspension and shift change like I previously stated I've never been in trouble and can't understand why they would just fire me instead of helping a loyal employee and single parent through a rough patch they where aware of. So I filed unemployment with my psych doctors notes and a list of medication and diagnosis unemployment told me that they basically can not fore me for that because it's firing .e for a medical condition. So when I got my depiction back unemployment approved and the company approved it after unemployment stated I had prior documentation and they where wrong 3 days later I get a updated decision from unemployment saying the company that writes the checks and handles finances for the facility is denying my unemployment, so I'm appealing it and found out from coworkers still employed there that her daughter who wanted my shifts now has them what a suppose right? So basically what I'm asking is am I right? Has this happend to anyone else? After 6 years of dedicated work and evacuating for hurricanes with the facility the facility to help and wading through knee high water for one particularly hurricane woth no electricity and a generator to take care of these people, I got thank you for 6 years of service and help or nothing. So now here I am waiting to hear what unemployment says anyone's thought or experience with a situation like this? #healthcare #coronavirus #stressful #drama #advice #texas #canyourelate #aboutmyjob #termination
As an HR professional I would advise you to speak to someone because outside of the fact that the daughter wanted your shift there is the more serious underlying concern being that the reason for your termination was medically related which is illegal if in fact your condition falls within the ADA guidelines for work accommodations. Not sure why they would deny your Unemployment… you should be entitled to unemployment at the least but you really should look at taking legal action. Good luck!
I am sorry for your job loss, Mallory. It can be frustrating to lose a job sometimes. But I know I had gotten exposed to the corona virus while working at a school in April. Even with the doctor notes, I was let go without having any real notice.
All I can say is that the corona virus has made it harder for teachers and nurses to work due to I know an acquaintance of mine lost his teaching job in May due to medical reasons, namely having diabetes. But I think his termination was due age discrimination.stressful work environments and unsupportive management.
I have said this countless times, but it bears repeating: the bar association in every state maintains a list of attorneys that do pro-bono work. It sounds like you have a decent case. I would reach out to them. It also sounds like you would be covered by the ADA, so you might consider firing off an email to them. It is easy to be discouraged, so find support with advocacy groups or in various forums. Good luck
Don’t be late. Especially to the point when you get written up. Be accountable for your mistakes, learn from them and become a better professional and a person.
You will definitely win your appeal, with Dr’s notes they cannot continue to deny you!
Yours is a complicated situation, the unemployment should be a approved for several reasons…the issue I would be really looking into is your protected status and did they provide reasonable accommodations given your condition(s), especially since they sound work related anyway…even if you live in an “at will” state like Utah…you can’t fire a “protected status” person without providing every reasonable accommodation. They tried to deny me unemployment after I had to resign after being diagnosed with a lung condition that my Doctor told me, in writing, that if I continued to work in an environment that exposed me to Covid, I had a 5% chance of survival…the judge reversed the denial and granted benefits using a rule that allowed me to quit because it was not for a reason of my own doing…the law is even stronger for being fired.
I think that the boss's daughter wanting your job it was in the bag for her. Since you were working only three days it was too much for you taking the medication at the same time. I understand that you have to keep levels for your meds every day. I would think that after 1 writeup and the daughter wanting your job you should have known they were going to let you go. Your doctor should have recommended a different med for your tiredness... I wish you the best of luck with your doctors' notes that you will get unemployment. I think that if you have any evidence in writing, e mail and doctor notes bring them with you for your hearing. unfortunately, this is the world we live in we have to protect ourselves and think the worst when our jobs are in jeopardy
I also was laid off corona related
This might be to much after the fact but did they give you a verbal warning, a written warning and then a final “you will be fired” letter? If they didn’t give you the opportunity to correct the issue, you might be able to fight it from that angle. I was the CEO and Administrator for a Hospital that had a TCU on one floor that required me to get my Health Facility Administrator license just for that floor, so I understand the stresses that come with working in that area of health care. I have always told my subordinates that if an application for any job ever worked as a CNA for a year or more…they are worth hiring even if you have to train them…that field (RN or CNA) is one of the most physically and mentally challenging jobs around.
I had to terminate several employees over the years there and never lost a case but it was because I had documented all my efforts to correct the issue…if they did not do that, they are open to firing you without cause and nepotism. Unfortunately, Unemployment due to health reasons is a hard fight. One requirement is you have to be “ready and available” for full time work while collecting unemployment and looking for work. My spouse had to quit job due to carpel tunnel and we had to prove she was only limited related to repetitive tasks with her hands but could do other work…it was a complicated process and she was denied several times before we were able to get all the documents together, including the most important letter from her doctor stating she was only limited by repetitive task but can do any other kind of work. They ended up paying for her to be retrained for another type of job but then Vocational Rehab stepped in and funded equipment for her own business that worked around her health issues. So if your still fighting unemployment, you might want to check out Voc-rehabilitation to see if you can retrain you for a job in (or something different) nursing that is more consistent with your health concerns. Don’t neglect your mental health for a job, if you broke your leg you would have to find work that accommodates it…but with mental health it’s easy to ignore…but depression can be more debilitating than a broken bone. Before going into Hospital Administration I worked as a Paramedic in a Level 1 Trauma Center and Life Flight for many years…I ignored the signs of PTSD until it almost cost me my life…don’t take your depression and possible PTSD from those working conditions lightly…
I know that’s a lot more info than you ask for :). Sorry but I get really angry when the world treats mental health like it’s not a real illness but just “in your head” and you should be able to “get over it”…in Medical School (Didn’t ever practice after a Dx of Lymphoma just before my residency) I spent maybe 3 months in one class on mental health…it’s so misunderstood in the general medical community and the general population. However your unemployment case goes, please take care of your mental health as if your life depends on it, as it might.
When the bosses daughter started her wish for your job,the writing was on the wall.That was childish on her part and you paid the consequences. It happens way to often,people want what others have.Clear your thoughts and get professional help if you need it.Thankyou for what you have done,Ford