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  1. #1
    Join Date
    Apr 2007
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    Hanceville,AL
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    4

    Question Unfairly Fired for Insubordination

    I have been working for the CLTC company for 14 months. It's a nursing home. Upon being fired I fell at work (and pregnant) and had to go to the ER. I ended up being on workman's comp for over a month. That happened in February. I had been getting a lot of smack from co-workers about what I can and can't do like they could decide. SO I went to my administrator about this and told her that I felt really uncomfortable about being there on LD (light duty as they call it) because I was getting a lot of smack from people. And she reassured me that everything was okay and that they would get me in physical therapy as soon as possible.( Jumping ahead of myself, the workman's comp doctor insisted that I take physical therapy because of how tight my back had gotten). Not even a week after my discussion with my administrator I happened to come in on this Saturday evening (3-11 shift) to find out that half of the 3-11 shift had called in. With me being on LD, there had to be at least 2 people on the floor with me because I couldn't pull or lift ANYBODY. The floor didn't become fully staffed until 3:45. The nurse had already been on my case since I come on LD. He made me toilet residents that were 2 assist by myself which was something that I wasn't supposed to do, until someone else came down. HE made sure that he made me a list of things to do. FEED IN DINING ROOM, CLEAN ROOMS, PASS ICE, VITAL SIGNS, AND ANSWER LIGHTS. When the 2nd person came down to the floor to help, I then started the ice and vitals and answering lights which when I got done, it was 4:50. Residents had to be pushed in the dining room because trays came up at 5. The 2nd person that came to help went down to smoke before the trays came. So there it left 2 of us again. I was supposed to answer the call lights when they came on so I answered a call light before the 2nd person came back from smoking and went back in the dining room. When the 2nd person came back, the nurse called her to him. He sent word through her to tell me that I didn't get paid to sit on my butt and that I didn't want to bring out the beast in him. HE had a list of things that he wanted me to do and I should be doing it! SO I went to inquire about his unprofessionalism. HE then proceeded to yell at me and call me out and threaten to clock me out. I yelled back and told him that he could because I had done nothing wrong. When I clocked out he tried to slap the card out of my hand and making contact. HE then asked me why I clocked out and I told him that he told me to and he said no he didn't. SO when I left I was in all hysterics and called the DON (director of Nursing). She then proceeded to tell me to write my story down and she would see me Monday. When I went in Moday, I was fired. Is this a case? If you think it is a case I will tell more about the nurse and my status as an employee up there.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Is this a Case?

    Do you have an employment contract?

  3. #3
    Join Date
    Sep 2005
    Location
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    98,846

    Default Re: Is this a Case?

    Quote Quoting bizzyguh
    View Post
    Upon being fired I fell at work (and pregnant) and had to go to the ER. I ended up being on workman's comp for over a month.
    Your work injury happened after you were fired? Then you were let back on staff on light duty? What am I missing?
    Quote Quoting bizzyguh
    View Post
    SO I went to inquire about his unprofessionalism. HE then proceeded to yell at me and call me out and threaten to clock me out. I yelled back and told him that he could because I had done nothing wrong. When I clocked out he tried to slap the card out of my hand and making contact. HE then asked me why I clocked out and I told him that he told me to and he said no he didn't. SO when I left I was in all hysterics and called the DON (director of Nursing). She then proceeded to tell me to write my story down and she would see me Monday. When I went in Moday, I was fired. Is this a case?
    Why were you fired? Insubordination? Or for refusing to perform job duties which were in excess of what was permitted under your medical restrictions?

  4. #4
    Join Date
    Apr 2007
    Location
    Hanceville,AL
    Posts
    4

    Default Re: Is this a Case?

    No I don't have an employment contract with them. I was fired for insubordination but he was the one that started the unprofessional crap so what is it when a nurse talks to you like you aren't crap?

  5. #5
    Join Date
    Apr 2007
    Location
    Hanceville,AL
    Posts
    4

    Default Re: Is this a Case?

    No I was still there when I fell and they never let me go after I hurt myself but they gave me a bunch of crap about it over the period of time I was on LD. When I was fired (3-19-07) I was still on LD. But the whole incident that between me and my nurse was over my LD and what i was supposed to be doing.

  6. #6
    Join Date
    Apr 2007
    Location
    Hanceville,AL
    Posts
    4

    Default Re: Is this a Case?

    I was fired for insubordination but during the whole time that I was on LD, I was NOT supposed to pull or pick up any resident. If they were ambulatory then I could do it.

  7. #7
    Join Date
    Sep 2005
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    98,846

    Default Re: Is this a Case?

    Insubordination is a valid basis for termination, but if they were goading you by intentionally violating your work restrictions in retaliation for your filing a workers' comp claim you should discuss your situation with a plaintiff-side employment lawyer.

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