Employer reference

47Leslie

I worked at a nursing home a year ago. My employer was so impressed with my performance that they initiated my benefits early. During my interview, I told the ADON that I was available for night shift until June, and, at that time I would have to work another shift due to another committment. During my orientation, the charge nurse told me repeatedly to get things in writing from the ADON because she did not remember things, and caused problems with staffing, etc. due to this. I let her know a month in advance that the date I needed to change shifts was coming up, with no response, several times. In the mean time, a man I put in prison 15 years ago was being released EARLY and I got 30 days to prepare. I let administration know that if anyone called or came in to see me, that they were to tell them they did not know me (unless I let them know to expect someone)...they even had a mandatory staff meeting about this and I gave them permission to use my predicament as a privacy example. My doctor put me on three different drugs for depression/anxiety/sleep, and they were affecting my mentation and I was making errors (or so they said)...so, after several times, I gave 2 weeks notice and quit. Since this time, the ADON has given very poor references when called by other employers, and they have not hired me due to her statements. Do I have any recourse in this matter. My performance was circumstantial and all prior references show a spotless record, which is why they hired me in the first place. I feel like they are discriminating under the circumstances, and not taking my situation under consideration. Any suggestions?

Don D

Leslie: I'll try my best with this one. Here are a few realities that we all know: (1) The medical community, including nursing homes, is a circle unto itself when it comes to requesting and giving references. Nursing homes and other direct care facilities routinely expect each other to give out more information in a reference check than the standard name, rank and serial number. Typically, this expectation is due to the monumental concern about resident/patient safety to ensure they are not inviting lawsuits by negligently hiring. I make no assumptions about your skill level, your professionalism or your job knowledge and prior employment record. But, I do know that such institutions are expected to carefully check references and they generally share lots of information with each other. (2) The attorney for a nursing home, if anybody on earth does, understands real well the anal constrictions that closely follow the threat of a lawsuit. If you have any evidence whatsoever that your prior employer is affecting your job search negatively, a well written letter from you or your attorney to the attorney of the facility and nursing home director stating your concerns will get their immediate attention. An assistant director of nursing should not be the contact point for reference checks, but that's in theory only. (3) If the information that is being given out on your reference checks is accurate and in no way untruthful, you have very little, if anything, to sink your teeth into. If it IS inaccurate, you will have to prove it. If you have been told by a prospective employer that they did not hire you because of a statement given by your former employer and you know the statement to be false and can prove it was made, you need an attorney. You conclude by saying you "think they are discriminating". What does that mean? As long as it is not illegal (race, age, sex, national origin, religion, handicap), an employer has the right and the expectation of discriminating, which means making a choice. Any employer has the right and obligation when reviewing your application to consider your work record, your attendance, your level of patient care, any problems you may have created for your prior employers, any negative your prior employers expressed and their total experience with you as an employee. As long as your legally protected rights are not violated, you may be discriminated against. Your prior employer is free to state that you requested a shift change, became unavailable for shift rotation, caused the entire facility to hold a mandatory general staff meeting due to personal circumstances, put the facility on some level of alert, made several errors and that you quit the job. Those things all appear to be true from your post. No employer is obligated to "take our situation into consideration", as you suggest. I suggest you try your best to put it all behind you and move on and, due to the realities that go along with health care reference checks, it may even require you to consider a change of occupation. Keep your chin up. x:-)