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flossie · Jul 25, 2008, 03:45 AM

I am hoping someone might be able to give some insight here.

My daughter has been working as a Personal Support Worker in a Long Term Care Facility. She was 10 hours shy of her probation period.

She was told on Monday that she was under investigation for hitting a resident. This is something she would NEVER do. The reason she chose this career was due to the neglect she saw her Grandmother suffer in Long Term Care and wants to protect other seniors from experiencing the same. She is quite the advocate for respecting seniors and providing the care they deserve with dignity.

All the Director of Care has to go on is a letter written by a co-worker. There are no photos, medical reports, etc. showing there were marks on this resident, etc. They told my daughter that they asked this particular resident if my daughter hit her. This resident cannot speak and gets her yeses and nos mixed up. Police have not been involved which is what is normally done with elder abuse I think.

My daughter is devastated. She offered to take a lie detector test. She loves the residents she's been working with and has a great relationship with them. She'll hug and kiss them on the cheek when she sees them for the first time on her shift.

She thinks she knows who wrote the letter. It's another PSW who has had an in for my daughter because she (my daughter) wouldn't put this girls 10 residents to bed for her one night. My daughter had her own list of residents to get ready for bed.

Anyway, my daughter is devastated and thinks her career is over. Is there anything she can do to get her job back?

Fr_Chuck · Jul 25, 2008, 05:02 AM

This can be serious, since a reference like this could stay with her.
There is nothing that can be done at this point short of hiring an attorney if they find against her.

tickle · Jul 25, 2008, 05:10 AM

flossie, I am a PSW as you know but chose to work in the community instead of long term care, although I did my clinical of 206 hours in long term care. This is a serious allegation as you well know but there has to be firm evidence it happened and definitely from someone who actually saw it happen.

You must be devastated as well. I can't see the residency taking a firm stand on just one letter. Surely they must launch an investigation into these allegations. If they are SURE it happened, they would have called in the police. So what is stopping them? Indecision and not enough evidence it happened right ?

Your daughter must get this cleared up to her satisfaction, so she has to start asking questions in her own defence, or get someone to do it for her. Maybe you have to have your say as well. If this does get cleared up I don't think I would want to work for a wishy washy establishment as this seems to be.

flossie · Jul 25, 2008, 06:01 AM

I was hoping you would respond tickle!

As far as I know, all they have is a letter. They won't tell my daughter who wrote it. The police have not been called but my daughter was told that the person who wrote the letter said she'd stand in front of a judge and say it happened.

Who should she ask questions? She only has contact numbers of a couple of her PSW co-workers. One of her co-workers (who is on vacation right now) said that she'll keep her eyes and ears open.

Calling in a lawyer is costly but we'll do it if we have to.

You said that I have to have my say... who do I talk to? Am I to call the DOC and question her? I'm afraid that will just put her more on the defensive.

The only reason my daughter would like to go back to that facility to work is that she cares for the residents there.

froggy7 · Jul 25, 2008, 07:59 AM

The other hitch to this is that your daughter was in her probationary period. Companies often have different rules for dealing with people during that period. The care facility may decide that there is not enough evidence to warrant an investigation, but not want to deal with an employee that has that sort of allegation against them, so cuts their losses by just getting rid of the employee. Even if nothing happened, it's a sign that this is likely to be a difficult personality clash to deal with on an on-going basis. I've worked at a company where we let a Director go because of personality conflicts during their 90-day probationary period.

ScottGem · Jul 25, 2008, 07:59 AM

You said she was told she was under investigation. But its not clear if the investigation has been completed and action taken or what.

If action has been taken, and she has been dismissed, then I would get a lawyer and fight it. This is her career at stake. But if action hasn't been taken, then wait it out. Tell the director that the incident never happened and that she suspects this is someone trying to get back at her.

tickle · Jul 25, 2008, 11:36 AM

Flossie, I know lawyers are expensive but just get one to protect your daughter's interests. But has she actually been dismissed yet? I imagine she is off duty for the time being 'pending investigation', but it doesn't sound like they are doing anything because they haven't got much to go on. That's fine. As for worker who sent the letter, well, it will remain to be seen that she stands up to judge and says it happened. I don't think that will happen, it never actually works that way. There won't be a judge, it will all be internal and she will have to stand up in front of her co-workers and her superior and say it happened, which I don't think so.

Just tell your daughter to have a stiff upper lip and I know she may be attached to a few of the clients in this LTC facility, but truth be told, Flossie, we are supposed to remain impartial, caring to a point, not emotionally attached. I am sure she knows that.

flossie · Jul 25, 2008, 12:13 PM

My daughter HAS been dismissed from her job. Apparently an investigation was completed but they are only going on this one letter from a co-worker.

ScottGem · Jul 25, 2008, 12:15 PM

In that case, she should consult an attorney.

flossie · Jul 25, 2008, 12:46 PM

Thank you all. My daughter meets with an attorney on Monday.

ScottGem · Jul 25, 2008, 03:35 PM

Keep us posted

flossie · Jul 25, 2008, 06:11 PM

Definitely will. Thanks!

flossie · Aug 11, 2008, 08:17 AM

Well, my daughter met with a lawyer. $110 for a half hour consultation to be told there is nothing she can do as she hadn't been there long enough. He did offer to help her, for $5000, to find out why the union hasn't done anything to help.

Needless to say, she's just moved on.