by Robin
(California)
I am a nurse now for 12 years. Most of this time I’ve been a hospice nurse.
I got burned out, but I never got fired, but when the census got low they laid off masses and I actually asked to be on the next boat load out.
Got my nice severance and unemployment which I was on for a year.
Went back to work in a little hospice which opened up the door to a part time job as a wound care nurse in a skilled nursing facility, but couldn’t get full time.
I worked in a skilled nursing facility in a small remote hospital for 8 months, never any problems, no write ups, no disciplinary action, then bam!
I walk in one day and worked till about noon when the boss says with a smile, “can I see you for a moment”, so I’m wasn’t suspecting anything. She takes me to the personnel office and that’s when I start wracking my brain trying to think of something, but can’t think of any reason for why I might be there.
They hand me a paper saying I was witnessed praying over someone, a resident who had been dead for half hour. No one else was in the room, but I was close with this resident and I said the Lord’s prayer in a whisper.
I swear, I did not know that was wrong to do, but guess the lady was a scientologist and I violated her religious rights even though she was dead.
It was a month after this incident that I was fired and the worst part is they put underneath the praying violation of employee misconduct work rules which will exclude me from getting unemployment benefits.
I have a small savings but with car payments, car insurance and phone bill, I don’t know how long it will last.
I think the reason I got fired had nothing to do with prayer, but that they had a surprise state inspection the week before I was fired and we’re looking around to see who switched. They were horribly understaffed, but I didn’t call the state and wish I had.
Is there any chance at all I could get unemployment if I hired a coach how do I do that or is my case just a learn and move on.
Chris’s Response
First, you’re assuming the the end of benefits is a foregone conclusion.
Consider this, you have told me you were fired for violating an employer rule once, that is written, possibly an employee handbook I assume, and that the rule, or the way it was enforced will be seen as a reasonable by the EDD, or at least worthy of a discharge for intentional work related misconduct that harmed the employer’s best interest after only one incident that was supposedly witnessed by someone who could hear what you were whispering.
Not to mention the actual termination occurred a whole month after the incident.
I’d be your coach in a heartbeat Robin and on principle alone ..even if that was the extent of what I can see here to make a worthy argument you did not do something that rises to a state’s definition of misconduct.