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A coworker of mine recently got suspended from work because she said a resident was being a pain in the ass within ear shot of the confused resident. She said this while in front of 2 nurses. She was wrong to do this for sure, but it was a verbal slip and she had been having a very rough night. Not excusing her actions, but I would say this is in no way representative of her as an aide/person.
However the 2 nurses turned her in to the supervisor over the issue, so later that night she had to talk to the DON and supervisor about what happened. She admitted to it, the DON told her that is a reportable offense and as of now she is suspended from working pending an investigation. And might even be in danger of losing her job. They went through the motions told her she couldn't come back to work until the investigation was done and had to be walked out.
Of course right now she is freaking out, but I have only a little over 3 years of experience in this field. So I don't really know what to tell her. So I figured I'd ask you all. I feel like this is small offense especially factoring how she has been an exceptional aide since the day she walked through the doors. And to be honest people have done similar things or worse and they got slaps on the wrist at this very facility.
They said it was techincally resident abuse but again, past suspension what is the likelihood she will actually lose her job? And say she does get fired over this, how will this effect future job opportunities for her?

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I'd ask about the 'reportable offense'. OFFENSE under what legislation, rules etc, and exactly what are the terms of the offense? REPORTABLE to whom - the police, the APS, what? If it's a requirement to report it, why haven't they done so? Find the terms that deal with this apparently unforgivable 'breach of ethics'. And see if she can say that the person involved didn't hear her and didn't react - ie a 'victimless non-crime'. Perhaps it was just under her breath, etc.

Perhaps don't take it up to the facility immediately, get the information from other sources eg APS. This may be just a 'frightener' when nothing else happens, or it may be an excuse to fire her. Or possibly vindictiveness from the other witnesses - she may have a back story about that. Just help her to get the details straight. If it goes further, she will then have her ducks in a row to respond.
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SpideyJCNA Oct 2020
I guess technically she commited resident abuse. According to the guidelines at the job just being vulgar in the presence of a resident is technically resident abuse and "reportable to the state."

And the resident definitely heard it. Although she definitely won't remember it, because like I said she is confused. Not saying this makes the situation ok. Just giving you all the info.
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In the U.S, by Federal Statute, a nursing home resident has the right not to be called names. Additional State laws may apply as well.

If a mandated reporter (i.e., the two nurses) heard the CNA and DIDN'T report it, they would be equally guilty.

Spidey, is your friend remorseful? I think remorse, rather than pointing to an RN's ethnicity or saying "it only happened once" or asking "to whom is this reportable?" (reportable to both CMS and State licencer of the NH) might go over ALOT better with her supervisor.

There will be an investigation and she will likely end up with a note in her file and possibly additional supervision and retraining. That may constitute a "slap on the wrist" but if she is serious about doing this exceptionally hard and under-appreciated job, she will take it with good grace and get on with it.

if she thinks she is being unfairly disciplined, she should get her union involved.
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SpideyJCNA Oct 2020
I feel like the nurse should have pulled the aide aside and reprimanded her and demand it never happen again. And then explain while what the aide did was wrong and unacceptable, it is not an accurate reflection of her character and that it wouldn't happen again. I know all the parties involved, my friend is a good aide who always helps and sticks her neck out for her coworkers. What is more she has ZERO history of any kind of malicious behavior towards the residents. I don't think it was right for the nurse to snake her like that.

And of course she is remorseful, but the DON explained that that didn't matter. What mattered was that she admitted to doing it. My thing is how could they go to such asinine lengths for a person who has been a exceptional aide since day 1. No warning, no write up. Just suspension and the threat of losing her job.

And that's the kicker. She is a per diem aide, she isn't part of any union.
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Right now she sits at home and ponders what she said. And how it could have effected the resident.
When she is called in again I would suggest that she be very apologetic. Admit that she was wrong in speaking the way she did. Ask if she can retain her job and if necessary ask to be placed on probation.
Also ask if there is training that she can take that would help her better deal with the situation in the future.
If your friend is not a CNA she might want to take a class. In most areas it is a Certificate class.
That would 1) improver her ability to be employed in other places. 2) it would teach her ways to deal with situations that she will be in in the future.

If she does get fired she will find it difficult to become employed in another facility. She could work privately or possibly work for an Agency. But she needs to be upfront about the situation.

Due to COVID-19 there is a shortage of Caregivers, CNA's and other people willing to work in facility settings or in private homes. So I am thinking the likely hood of her getting fired is slim. Easier and less expensive to keep an employee than hire and train another. She may be put on probation, also the possibility of getting a "demotion" where her pay is dropped or she gets lousy hours is a possibility.
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SpideyJCNA Nov 2020
Thank you.
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She said this to two nurses in "ear shot" of a confused resident who may not of heard it or remember it. I do not see where this was abuse of a resident. My daughter is an RN and freaked out on a resident. She felt bad as soon as it left her mouth. She actually went into to her DON and told her about it. She was not fired nor was she suspended. We are all human. We get overwhelmed and stressed out. If she has been a good worker, I think a verbal warning is enough.

I think the nurses over reacted. If your facility is run like my daughters, the RNs are the CNAs bosses and as such could have given her a verbal warning.
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SpideyJCNA Oct 2020
I guess at our facility the guidelines say technically being vulgar in the presence of a resident is considered resident Abuse. Which I find ridiculous when actual put in real situations, but the rules are the rules.

I agree it was overreaction. Not saying she shouldn't have been punished, but a suspension and possible termination was overkill in my opinion.
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If she has been a good aide and don't usually use these kind of remarks, I think she should be given a verbal warning.

I will tell you, however, these residents deserve the same respect as anyone else.

I've witnessed a lot aides being very rude and disrespectful to residents in facilities. It is uncalled for. Therefore, I do believe the Administrators need to tighten up and make their employees aware that it will not be tolerated.
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SpideyJCNA Oct 2020
I agree the residents do deserve respect, But i'd say it was in no representative of her as an aide. Mistakes do happen, even then I still think she should be disciplined for it, just not fired.

Stuff like this has happened at my facility before.
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As to her future, there is a massive shortage of health care workers and employers don't usually mention reasons for firing due to fear of suits. They simply say how long she worked there. So there is that. And her lesson would be well learned, I would think.
Anyone can break under pressure, but this isn't that. This is drawing other employees into criticizing elders not in complete control of their actions. It isn't the one incident; it isn't the words; it is that this shows a ding in character that could endanger elders who are completely helpless. Were I the RN in charge I would have reported it as well, and the fact two in charge reported it means that they see this person as a problem working with seniors. Otherwise they would just kind of "not heard it" and watched for any other incident. Or talked with her privately. Saying this to her other co workers creates a lethal atmosphere in caregiving which is already a tough job.
I am glad she admitted it. I would say she should now speak with someone. Pastor. Social Worker. Find a resource for learning how to deal with dementia. Tell her place this will never ever happen again. Say nothing about what happened to "others" and make no complaints to co workers. Drawing YOU into this? Not good. Not a good sign. She should now be saying to you "I got overwhelmed and I messed up and it's on me" not "Other people did this and that, and nothing happened to THEM". If you get my meaning.
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JoAnn29 Oct 2020
An employer is not allowed to say anything negative about a former employee that would effect them getting another job. Which yes is ridiculous in some instances like this situation. If a CNA is a good worker but just can't deal with Dementia patients then that should be said. Actually, the one asking for a reference can only ask certain questions too.
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SpideyJ

Yes, I understand what you are saying.

I was saying in general, I've visited facilities on numerous occasions and witnessed such rudeness and disrespect toward residents by staff. It was intentional and deliberately.

Not saying the same for the aide in question.
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SpideyJCNA Oct 2020
Fair enough.
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It is not uncommon at all to hear such remarks coming from staff. It almost seems typical at the facilities I have visited. I'm stunned to say the least.

A recent visit at a Memory Care Unit and an aide yelling at a dementia patient, "Hurry Up." "Nobody don't have the time to wait on you."

I will use a for instance with my family member - I've witnessed my family member in a Memory Care who has dementia/etc. get yelled and fussed at by staff, including Administrator. You would be surprised.

"They say" my family member "knows what he is doing." Really???

Again, I am not saying this was the case with your co worker. Going by what you stated "This in no way was a representative of her as an aide." Then I say, she should just receive a verbal warning.

Nevertheless, we have to have respect for all people even when things get stressful.

We certainly could not tell our BOSS they were being a pain, Same rule applies to the residents.
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It really doesnt matter what anyone thinks or feels should happen. Your employee handbook should have a policy/procedure outlined of the investigation process and the disciplinary action the employer can take. Look at your handbook, what does it say? Are you in an at-will state?
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I have to say that your continued referral of a coworker as the *** is offensive and I really hope that is not an attitude shared by your friend. It is racist and vile.

I would be angry if a worker said that about my loved one where they could hear, I don't care if they remember or not.

It sounds like it is just the normal in the facility and that is really the issue. God help all those poor souls being cared, and I use that word loosely, for in your facility.

Maybe you all should be retrained to not be so disrespectful to the very human beings that you are entrusted to "care" for.
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Isthisrealyreal Oct 2020
Why did my repeating the word get deleted? I am just quoting the OP.
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This exact thing happened to my grandmother. The CNA was BIL daughter. When I got thru with her she wished she never knew me. I heard her screaming at my grandmother from down the hall. Hadn’t stopped by the time I got to room. She knew what it felt like to be screamed at when I hit administrators office She was looking for new job next day. Enough said.
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SpideyJCNA Nov 2020
Uh, nice?
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Wouldn’t it be lovely if volunteer care workers at home could be fired if they lose it a little bit? And have someone new take over the job?
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Isthisrealyreal Oct 2020
I am sure it is the whole paid professional thing that really makes the difference. You expect more from a professional.
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I feel there's been alot misunderstanding of the question or reason of the post. So people have been virtue signaling, making poor judgements, and just stating the obvious. I recognize that what my friend did was wrong. And as stated in multiple replies here, deserved punishment. My friend apologized and acknowledged what she did was wrong. No one is arguing against that. It shouldn't have happened.

However, the point of this post was based on the info given what was the likelihood of actually being terminated and receiving action from the state for her actions. Commenting "Your friend needs to hold herself to a higher standard" Or your friend needs to stop pointing fingers at others" Isn't relevant.

Again, she perfectly understands her actions were uncalled for, and that a punishment is justified. Furthermore I only brought up the fact that the facility has excused similar behavior to give a picture of the management's history of discipline within the facility. Remember people, this post is a question. NOT A STATEMENT.

Also DON means DIRECTOR OF NURSING. I shouldn't have to say that, but people are saying I'm racist. Lol.
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AlvaDeer Nov 2020
Spidey, I think you were the one who told us that your friend is a per diem hire. That isn't honestly an employee yet. And with the infraction, may not be in future. And yes, comments about what your friend should do to hold herself to a higher standard are completely relevant. DON is not the statement that people are complaining about. English may in fact be your own second language and you can be forgiven for not understanding that "identifiers" by race, creed, color, aren't appropriate.
However, you came complaining about someone who broke the rules in the facility where she is working. She is now on probation. She could have been let go at once, but wasn't. I think that most of us feel that her best way forward for HER OWN GOOD would be to 1)Admit she was wrong (nothing about what others did; again, irrelevant). 2) Say that whatever she could claim as an excuse is irrelevant because it should not have happened. 3) Say that she promised that it will never happen again. 4) Say that she will do anything in her power to preserve this job she is good at, and loves.
You and/or she have made up a multitude of excuses, even to including that this particular senior will not remember what is said about him. That's not OK.
I was a nurse. I understand the extreme pressure, especially in these times when ALL CAREGIVERS in the medical community are risking their lives on the front lines. I will admit to one on one "lunch break" or whatever, nurses standing and saying "OMG, you can't believe what she did to me NOW" and perhaps a few choice words. The third time Stella whacked me with her cane was quite enough.
But when we slip, if we slip, it is NEVER OK. It can't be excused. We can't go there. We are not at Macy's working the perfume counter, where our snide remark can have the customer going across the street to Nordstrom's. We are caring for HELPLESS and FRAGILE beings. Our standards have to be HIGH. Very high. We cannot lightly forgive ourselves when we slip. And we will slip.
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Oh give me a break. You should try reading the responses before you act like you don't understand what is happening.

You are the one that came to a caregiver support forum and asked your question and keep referring to a coworker as a racist term, that you don't get that is bs.

Do you really think that anyone could answer your question about what your company policies are for the offense that you or your friend have committed? You're just looking for a fight.
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SpideyJCNA Nov 2020
ORIENTEE. As in new New nurse on orientation. Like why jump to the dumbest conclusions without a moment of thought prior. Use your head, man.
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It’s totally unprofessional to call a resident a “pain in the a*%” within earshot of that or any other resident. I am a RN & I would have “turned her in”.
Unless you are her (and I suspect this may be the case) you can’t vouch for her “exemplary behavior or level of care delivered”. How do you know this? You really can’t. You aren’t with her every minute she is working.

Its a line you just don’t step over. If the aide doesn’t have the ability to stop and think before she speaks she’s not very professional.

She won’t have to worry about suspension or termination as she is per diem. If I were her manager I simply wouldn’t give her any more hours. That’s a simple solution.

It’s about respect. If she is such a good caregiver she should have known better. Doesn’t matter who you feel gets away with more. Your “friend” was caught in the act. With customer service being paramount for the past decade or so, you just don’t say things like that in front of residents. Bottom line.
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SpideyJCNA Nov 2020
Why would I post about this in reference to another person under the veil of actually being me. Instead of I dunno, just asking for myself? Are you just not used to coworkers sticking up for each other?

So I haveto be with someone to every second of every shift speak on the character of one of my coworkers? That makes no sense. My facility works on a 2 aide assignment. So you have a partner, so i have spent extended periods time working with all my CNA coworkers.

If you can't even understand that, RN or not, I really have no business arguing with you.
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Alrighty then, lol.

Spidey, did you by chance have a chance to look at your handbook?

There are alot of people commenting who have a background that is not in the HR field so it is all speculation.

Your coworker should apply for unemployment right now, it will be put into pending during the investigation. If they determine cause, it is really easy to beat especially during Covid.

The hanbook is your friend so if you want to know the answer post the policy as a response.
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Shane1124 Nov 2020
The employee is a per diem employee. I don’t believe those type of employees are eligible for unemployment as they really don’t have an employer paying into unemployment insurance for her due to her per diem status.
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This has gone badly wrong, for no good reason. It's not helping anyone. Let's stop!
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