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Im a traveling CNA. I recently worked at a facility where i worked with another CNA from a different agency. When i arrived at work i started to complain as i started to do my morning cares because every one of my 10 residents were wet and so were their beds. The other cna stated to me to get used to it cus this is how the long term facilities are. I said oh no its not,meanwhile as im getting my residents up washing then up from old urine and getting them ready for breakfast. As my day went on and tended to the ADL's the other cna came up to me after lunch and said we had 9 showers to give. I said on a Saturday no facility ive never worked at required that many showers ( 21 total amount of residents). I stated some of those must be night shifts showers (because she was working double shifts) she ended up calling my work and the state saying that i neglected all my residents and that all i did was sit at the nurses station doing nothing all day. Funny how she had stated to me that a facility reported her at a different job. What do i do?


Mind you I've been doing this for 15 years between 3 different states and have never been accused of negligent. CNA losing hope.

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CNAinSD just responded to our posts, in a separate thread in the Discussion category:

https://www.agingcare.com/discussions/false-reported-accusation-471421.htm
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The "employment at will" legal concept applies to many areas of unemployment. Alva accurately describes its application.

Beyond that, the OP admits that "When i arrived at work i started to complain".    That doesn't establish a good foundation, especially in a temporary assignment.

As to suing, some issues to evaluate:  Would you sue the other CNA, who apparently also was a locum employee?   Would you sue her local provider, yours, and the facility as well?   Are you aware of the power that would be aligned by suing business entities?   You would be overwhelmed, and if you don't have sufficient funds to fight their countersuits, you could be bankrupted.

Do document everything in case this goes further, but also treat this as a learning experience.   You should have reported the bad conditions to your locum agency as soon as you could, in part to establish that this was not an acceptable facility with tolerable working, or care, conditions.

ITRR is right:   report the facility and let the governmental powers address the conditions.   That would be more effective than your observations. 

When you are investigated, be sure to have your list of violations  in hand to provide to investigators.
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Isthisrealyreal Nov 2021
Nobody ever thinks about professional insurance until it's to late, except legal business entities.

This is one of the down falls of private care, not that it applies in this case but, I can't tell.
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Although I would be extremely tempted to sue for wrongful dismissal, the bottom line is, I wouldn’t want to work for these people.

There are so many places BEGGING for competent, caring, good labor. Chalk it up to a bad experience and move on to better things.
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AlvaDeer Nov 2021
Unfortunately most states are right to hire/right to fire in all instances exception being anything legal discrimination under our laws such as race, creed, color, sexual orientation. An employer can fire you because they don't like the color of your hair or your new haircut. So suing won't work.
I sure agree I wouldn't want to work for employer who is unfair. But I think the OP is worried about having this on record if not true as it would make a difference in getting another job. Of course there ARE laws about the old job reporting unproven things to a potential new job, but as far as using the law for most anything you sure need a stack of cash to do it.
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I agree with Alva here. I am not a Nurse but am retired and worked plenty of jobs. I agree, if you felt the shift before was not doing their job, then you ask the Don "is this a normal thing?".

I was on a new job where some copies came up missing. So I had to take the originals and make copies. About a month later the woman who files the originals laid the lost copies on my desk saying "I have noticed these up in the cabinet for the last couple of weeks, figured you might need them. I guess I picked up the copies when I put the originals in the cabinet for filing. Must have been the first place I looked. The thing is, the woman had done my job and was very aware that those copies went to the bookkeeper. Think she was a little jealous of the new girl in town. Not sure why, nothing to be jealous about.

Its hard to believe that you have never run into people like this before? I don't doubt you but 15 years is a long time not to have come across this type of thing before. You are a lucky person.
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You should report this facility. You know that you being reported didn't change the situation for these residents.

You are a mandated reporter, please do this and get these vulnerable people the help they can't get for themselves.

The facility being investigated and repremanded for abominable conditions is actually your best defense. Because you are gone, what's their excuse now?
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JoAnn29 Nov 2021
By doing that now, it will look like retaliation. Not a good thing since she is being investigated.
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You should report this facility. You know that you being reported didn't change the situation for these residents.

You are a mandated reporter, please do this and get these vulnerable people the help they can't get for themselves.

The facility being investigated and repremanded for abominable conditions is actually your best defense. Because you are gone, what's their excuse now?
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You will likely be investigated by facility or by licensing board.
This DOES happen when one becomes disliked for whatever reason. I had a fellow RN accused of "smoking marijuana on the job", someone who never used so much as a Motrin, sadly. She was investigated. She could only answer with her truth, and with why she felt the "reporter" had a grudge against her. She was allowed to keep her license and did have to submit to random surprise drug testing over the period of a year. She passed them all. It was all dropped.
There are nefarious people out there who will do this sort of thing, and so this is a lesson learned. You have an excellent job history. But your past work records may be fully examined. Be open and trusting in the system after you explain why you believe this happened to you.
Just a word to the wise going forward.
When you enter a new posiiton, watch and wait with your eyes and mind open and your mouth closed. YOU are a mandated reporter if there is a problem in a facility and you owe it to the residents to get them help. Therefore, keep a diary. When you have evidence of neglect go to the trusted authorities you identify with the facts. If you believe this to be a staffing issue let them know. If you think it neglect, let them know. But trust THEM to do their job thereafter. If they do not, then follow your State's rules for mandated reporting.
Do not gossip or say things openly.
I was an RN. I understand the care you speak of and because of it and the evidence we collected we did rounds in a different manner. Instead of in the conference room we went room to room to assess care and condition of patients being handed off to us.
My advice to people joining any group as a "newbie" is to watch how dogs do it. Approach gently, with a meek heart, and the tail tucked and gently wagging. The dog who enters a pack shoulder high and growling is almost certain to be attacked. Just a fact. Not right or wrong, but a fact.
I wish you the best of luck. Life is full of hard lessons. This, even if unfair, may be a time to learn going forward.
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Another thought on your comment of the "false neglect" report.   This facility may have more serious problems, and the neglect may not be limited to what you experienced.   And it may have been existent for some time.  

Do some research on the facility and see if you can determine if their practices have ever been reported before.
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I assume you're working through a locum tenens circuit?  If so, have you worked with this agency before?   And what information were you given before starting this temporary job?

I think I would have contacted the agency that placed you as soon as you saw all the problems, to put yourself "on the record" about the challenges and problems.  

You were in a difficult position, attempting to perform what you believed were the right duties, but facing and getting different "advice" from the other CNA.   Was there a DON, or Administrator to whom you reported directly and could share your concerns, although I do understand that given the situation you described, the standards weren't high and an admin might not have been interested in addressing substandard conditions.

On the other hand, they may not have been aware of these situations, especially if they're using contract as opposed to hired staff.

I would write a description of what you encountered and submit it to the agency that placed you.  You need to defend yourself, but I would that say that complaining "right away" wasn't a good idea.  I don't know whether your agency would report to the facility's management, but given what you experienced, it seems as though something should be done.   I think also that this facility should be reported as it seems subpar conditions exist.   But do so anonymously.
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I'm sorry this happened to you.

Are you out of work with the agency? If so, I'd approach them with how you're not settled but would settle for a job recommendation letter.

And then, I'd seriously consider going indy. All your clients' families know other old people. Some rich. Word of mouth.
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