I am a RN in Texas. I was demoted at work because of other employees tell my managers situation that were untrue. Also

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Customer: I am a RN in Texas. I was demoted at work because of other employees tell my managers situation that were untrue. Also they added job performance as another reason. That is a joke, because my orientation was never complete and several times I was put into staffing by my self because of staff shortages. I was never given any information on my performance or feedback from my preceptors at all. I didn't know there was a problem until I was demoted.
JA: Have you discussed the demotion with a manager or HR? Or with a lawyer?
Customer: I have not discussed it with My Manager or HR for fear of retaliation. HCA is not know for caring about it's employees.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: Not a member of a union and I assume at will since I live in Texas. But, I can access my jab description through my HCA HR online and can't really find any info about my performance.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of
Answered by Jean C in 2 mins 2 months ago
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Jean C
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Jean C
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Jean C, Expert

Hi my name is ***** ***** I'm the attorney who will be assisting you. The safest thing you can do to protect your job is to make a complaint to the HR department or to the higher UPS. This way if they do anything else such as terminate you that can clearly be seen as a retaliation which is not acceptable under label laws. Also do you believe you were discriminated against by the other employees or the manager for reasons related to race religion gender age disability or ethnic group? If those are the reasons that will give you good grounds for a complaint to the EEOC and these complaints have taken very seriously.
Customer
I don't feel discriminated against for those reason. Honestly, I was blindsided by this action. i have never been in this situation before. I do my job and don't ever get involved with clicks, or gossip etc. But, the fact that I was demoted and now have lost about 10k off my yearly income for situation that did not happen the way the other employees described it is very up setting. I explained myself to my manager when he called a meeting to inform me of the decision to demote me. I also discussed the performance issue, which are in my charting not patient care, that I did not have a consistent orientation period, several times I was put into staffing without a preceptor taking care of acutely ill patient on LVAD's and other devices to keep them alive.
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Jean C, Expert

It doesn't make sense because they can't demote you just on Roma's alone. You said they brought job performance and after but you didn't cite any specifics. You could grieve wrongful demotion just as if it was wrongful termination and you could also apply for unemployment 4 the 10% less if you have another day that you could work which you might be able to arrange if you have to take less make less money. If HR doesn't see it your way the next step is the state labor board for a wrongful demotion.
Customer
This situation has led to me feeling like I work in a hostile environment now. Because I have the charge nurses looking at everything I do. Which leads to anxiety and undue stress on me. I feel I'm being singled out, because while I get told I'm misses things I watching and fully aware of other nurses that are on their phones watching Netflix and not doing their jobs. The performance issues, I was told by my manager are all related to our computer charting the assessments and other documentation on the patient care we perform. he actually said that the nurses involved said I perform excellent patient care. So, I confused about how charting is a perfomance based.
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Jean C, Expert

Yes it puts you under undue pressure and employees do have an obligation to create a safe workspace so if you don't feel safe and you are being bullied and harassed as well as wrongfully demoted those of grounds for a legitimate complaint to the state labor board and they will investigate. Area if they decided in your favor you would have to be returned to your other position and you may even receive back pay for the time you were demoted for the difference between the 2 jobs.

Customer
I'm unsure what to do, because in our meeting my manager told me one of the complaints is that I fell a sleep at work. Now I work the night shift, I also know I have never fallen a sleep at work. Also, the nurse that reported the issue apparently did come over to wake me up if I was a sleep. I did explain to my manager at the meeting that about a year and a half ago my vision worsened and I'm now at -3.75 in both eyes. I explained that with the thicker lens and the fact that I'm on Adderall for Adult ADD that my eyes get so dry that my contacts literally get stuck to my eyes. So, some times when I'm sitting act my computer I close my eyes for a period of time to get my eye moistened. I also told him that I use tear drops my optometrist recommended. He then informed that he would add that to the record by under HCA policy a semblance of sleep is enough for termination.
Customer
I guess my first step is to file a complaint with HR. I will have to file that to the HCA HR in Nashville, because our HR Vice-President at my hospital recommendation to my manager was to terminate me.
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Jean C, Expert

So if somebody lied and said you fell asleep unless you are allowed to sleep when there's no work to do on the night shift but if you didn't anyway then it's a complete lie. Do they have any videos showing of you sleeping? Put them on the defensive because the burden is really on them if they're saying your work performance was bad or trying to justify a demotion based on what somebody said they have to have more than here say they have to have some actual evidence.

Customer
No video evidence it is all based on a witness saying I fell a sleep. We are not allowed to sleep on night shift. We get a 30min lunch and you can take a power nap then if you want. But, I'm never tired enough to sleep, I pretty much live the night shift 7 days a week. That is why I'm up now. This is my daytime. I'm just really mad about the whole situation, because it has put a blemish on my character and the feelings of my every move being watched and talked about behind my back is unnerving. It's the principal that my abilities are being questioned that make me extremally angry. Plus, I see a therapist for PTSD that I developed from being a travel nurse during the pandemic and all the death I saw as a COVID ICU nurse for the past 2 years.
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Jean C, Expert

Yes they need people in your position so it really goes against the best interest to harass somebody who is doing the job that you are doing especially if you're willing to work the nights which is always harder to find people for here April 4th period that's why you have a good case if you choose to fight the way the treating you.

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Jean C, Expert

Hi
Customer
where to go from here. I assume I have to going through the process with HR, then to the state. Plus, I know there is a arbitration agreement that is signed in our work paperwork. The other issue connected to this is the fact that my youngest daughter just graduate this past June from nursing school. She actually has a job on my unit, which is a CVICU unit, and I hate it now that she is coming there, because I don't want this to effect her job and also reluctant to proceed over a concern that they will retaliate and make her life hell. I'm not one to back down from things. I pretty much keep to my self and do my job, but push come to shove I'm not a floor amt.
Customer
Thank you for the talking with me. I need to contemplate the information and make a decision on how to move forward, that will achieve my goals of, getting my position reinstated, recovery my lost wages, and protecting my daughter from retaliation. Again, thank you for answering my questions and also for confirming my thoughts that what they did was not justified or legal. Have a good night.
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Jean C, Expert

You're very welcome.
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