RN wrongfully terminated from clinic?

by Kim
(Austin, TX)

I've been an RN for almost 25 years, and have always received great performance evaluations and have never been written up. After I declined a position to be the clinic manager of an additional clinic, and after voicing my concerns re: my supervisor to hers, things began to change.

Six days before I was supposed to leave for a conference in San Diego, that had previously been approved, I was told it was denied because it was related to management skills, and I had declined to manage another clinic (even though I was still the clinic manager of my clinic).

After my supervisor learned I had gone to HR to discuss them denying my conference, I was demoted to staff nurse and sent to another clinic for training, despite the fact that I had been the clinic manager for 5 years and worked as a staff nurse for 7 years before that.

The day I returned from training, there was an incident with one of my patients where his labs didn't get picked up. They claim I didn't call the courier, so the patient had to return a couple weeks later to have them redrawn.

I was told that I was being terminated because I wasn't able to provide evidence that I called the courier, as well as arriving to work late on 5 occasions.

I know my supervisor, who is a nurse practitioner, is providing bad care and committing fraud. I intend to report it, but she's tarnished my professional reputation and made it very difficult to find another job.

I have a few more days to submit an appeal, but I believe I have a strong enough case to prove wrongful termination based on retaliation. I have emails, witnesses, and medical record numbers of patients that demonstrate the type of care she's providing and fraud she's committing.

There have been at least 4 other employees who were smart enough to leave before they were terminated who are willing to speak as well. Do you think I have a strong case? What do I have to do to prove I was wrongfully terminated? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "RN wrongfully terminated from clinic?":

Kim (Austin, TX):

The State of Texas is an "at-will" employment state. This means under most conditions an employee can be terminated for just about any reason.

According to your own account, your employment was terminated "...because I wasn't able to provide evidence that I called the courier, as well as arriving to work late on 5 occasions." Termination of employment for these reasons would be legitimate.

You claim your employment was terminated based on your having refused to accept a position at another clinic. You apparently believe this is the case, but also believe because you refused to accept the position you were retaliated against. Under the circumstances, the retaliation you speak of was not illegal, nor was it legally inappropriate.

A viable retaliation claim would have to include termination of employment based on a worker having fled a workers' compensation claim, or because of age, race, gender, or sexual preference. From the facts you present, those requirements have not been met.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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