i quit

I work in a hospital as Human Resource Director. I had three complaints from CNA's, all african american, older women, regarding discrimination, preferential treatment and harassment by one RN. I presented the complaints to administration as a possible liablity to the hospital. The CEO said that if I had time to listen to complaints, I must not have enough to do. I asked hiim to clarify that what I was hearing was correct, that when three african american older CNA's come to me with complaints of discrimination and harassment, that he doesn't want to know about it. He answered that it was my obligation to report such things. I advised him that that is exactly what I had done and that I didn't understand why I was being reprimanded for a job well done. He said that he didn't care if all of the CNA's walked out today ... that they're a dime a dozen. He then added to my Human Resource duties, credentialing duties and payroll duties the following:

Accounts Payable
Administrative Assistant

Five jobs for one person ... You guessed it ... I'm a one man band - the only person in the administrative office other than the billing coordinator, CEO, CFO and the CNO.

So I quit. Now ... do I really want to go back into Human Resources? Wal Mart is looking really good these days.

Thanks for the sounding board.


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Comments

  • 31 Comments sorted by Votes Date Added
  • The only important factor here is whether or not you can comfortably live with the decision you have made. Nothing else matters. I support you. Hooray!
  • He sounds like such a lovely person!

    You were not a Human Resources Director. You were a dumping ground for all the stuff that no one else wanted to do and they didn't want to hire someone to do it. So...give it to Human Resources.

    Good for you! At least you can look at yourself in the mirror every day!


  • Don't feel bad or regret it your decision. It's their loss!

    Now go pamper yourself with a massage, manicure, and pedicure; then find a job where you'll be appreciated for who you are!

    Cheryl C.
  • Good luck sohappytobe. I would have done the same thing you did. I'm sure you'll find something where you won't be taken advantage of. Keep us posted.
  • sohappytobe, if I were you I would stay put and here's why. You are obviously someone the CNA's and others, I assume, feel comfortable in bringing their issues to. If you quit, who will help them? Sorry, sohappytobe, you have one more fight to finish before you are finally constructively discharged because of the intolerable retaliation and hostile behavior toward to you, orchestrated by none other than the CEO himself. Then you can join the CNA's in a pretty good lawsuit which will include retaliation. Even if the other charges don't stick, the retaliation one is usually pretty hard for the defense to have dismissed.

    So, file your claws and get ready to get in the ring, sohappytobe. I would say your forum name has just taken on a whole new meaning. To borrow a phrase, this "could be your finest hour".

    Have fun, good luck, and if you need a good "cut man", I'll be in your corner.

    God, what an opportunity!!!
  • I disagree. Lawsuit? What lawsuit? Constructive discharge is not a violation of law. The only way she could prevail is if she could prove that she suffered mental anguish or related maladys as a result of his behaviors. Piling work on someone unfairly is not against the law.

    Other than that, the only way she might prevail with that claim would be at the UI office.
  • Being discharged for championing discrimination claims, especially when in a position to formally do so, has, indeed, been found actionable.
  • Don:

    I agree with Larry. I did not read his post as "running right now to an attorney". I read it as staying on the job and moving things along to fruition and self praise for a job well done. Then after much hard and determined work "happytobehere" gets canned for doing her job as HR. Now she joins the lawsuit if there was in fact a discriminating atmosphere surrounding minority and senior employees with a ligitmate complaint which is documented and resolution by the CEO was to terminate all complainers including the HR.

    You are right to do a lawsuit now, would be wrong; but two years down the road and a firm history of running aging minority female complainers off, rather than fixing the real issues/problems, which could be partly or wholely placed with the CEO's negative attitude, certainly has merit. If I could not do my job then I would not stick around; setting up a strong employee/employer communication chain to benefit the company and the employees is key to being a successful HR. Without it an HR is a just another overpaid staffer that the company does not need. A good payroll clerk can administer to the administrative needs of most organizations.

    PORK
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-01-05 AT 09:07AM (CST)[/font][br][br]Constructive discharge is actionable, but it not championing someone's cause. That could be Protected Legal Activity (PLA), opposing an unlawful employment practice, but not constructive discharge (usualy associates with harassment claims), which is by definition treatment from management that is so intolerable that a reasonable person would have no other recourse but to resign. Both PLA and constructive discharge are covered by Title VII.

    To bring a successful constructive discharge claim, an ee must prove that 1:) they quit due to mistreatment, 2.) that the mistreatment was so intolerable a reasonable person would have quit, and 3.) the mistreatment was based on a protected category. I don't think that sohappytobe would have a constructive discharge claim because the CEO is a jerk and gave her more work. As Don correctly stated, this is not discriminatory (on its face). Additionally, hanging around to create a claim would not add to his/her credibility.
  • My initial reacion to your question was: He** yes, you want to go back into HR, but as I thought about it for a little, maybe it's not the line of work for you. I think most of us on this board like what we do, but each of us has had to deal with added work at some time. I'm the City's risk manager (purchase all lines of insurance), safety coordinator, payroll manager, ADA coordinator, benefits manager, etc, etc. In a previous HR job, I was the dispatcher for our fleet of trucks, and community relations manager. : )

    Your CEO is a fool to react to your report of complaints the way he did, and his reaction to the possible loss of CNAs reinforces that description, but, Wal Mart? Pick yourself up, dust yourself off, and get back on the horse. HR needs people like you who employees can come to with their complaints.
  • Sohappy,

    The discussion about sticking around for the lawsuit, etc. is interesting and some of the points that have been made have merit. However, if I understood your post correctly, the deed is done. "Quit" is one of those confusing verbs that are the same in both the present and past tense, so I'm not sure. But if that's the case and you've already hit the bricks, then I say good luck and Godspeed. Depending on finances, I would've done the same thing. That CEO will be brought down by his own actions sooner or later, with you or without you, and you had no ethical obligation to stick around to eventually either go down with the ship or lead the mutiny.

    Walmart greeter sounds pretty good to me on some days too. Take a job that interests you and you feel you can do well at, regardless of the category or title. As you well know, HR doesn't always mean HR anyway.
  • I FEEL YOUR PAIN!!!! I will NEVER, and again I say NEVER work in a healthcare environment again. Two years ago I left a position as HR Director (been there 5 years) at a 150 bed for profit hospital when a new CEO arrived (and in for profit healthcare the CEO's cycle through pretty regularly) who was an arrogant, self-centered, ?#*%-stirring ?#&hole who cared only about the bottom line, and creating conflict among the managers and staff. Sicko! That coupled with the very special personalities of the workforce drawn to healthcare, did me in. Oh yeah, and the insanity of having one HR person to support a 350 employee facility. I was lucky to have a part-time clerical support person! I love HR, always have, but I will forevermore be selective about the culture and workforce that I support HR in. I'm now in an engineering firm and much MUCH happier! There are still stresses, but my worse day here will never ever be as bad as my best day there. Hang in there! And good for you on not tolerating the lack of support from your CEO.
  • DCHR!

    I also feel YOUR pain! Human Resources in healthcare is a whole different animal than any other career choice. You are very correct about the kind of people who are drawn to this profession and many are not the kind hearted, Florence Nightingale types!

    My job is very challenging (28 physician practice), but I enjoy working with my management team which is a big plus. I worked in two hospitals prior to going with this practice and I, too, will never work in another hospital because of many of the reasons you reiterated.

    Some days, though, I wish I had stayed in banking!


  • It's a darn shame that you pulled the trigger way too soon. You should have immediately sought legal advice before quitting, just to fully understand your options. Good luck in your search. Hey, WalMart needs HR folks too.
  • We weren't there with you so our perspectives will be based on incomplete information. This sort of event is not usually an isolated event or out of the blue aberrant behavior, which leads me to believe this CEO has caused issues with you and others during his tenure at your shop.

    Next, I believe he was brewing this idea of adding duties to your plate for some time. Did those duties recently become availabe because someone else was fired or quit? We obviously do not know much about the environment in your company.

    I would trust your judgement in this matter. Getting these extra duties dumped on your desk is a prelude for termination for non-performance. If you wanted to have a little fun with it, it might be interesting to see if these duties would cause you to be non-exempt. If so, the daily requests for overtime pay and the daily drama of forcing the CEO to assign priorities to your duties might give you perverse pleasure, while you looked for a better situation.

    But I digress - go on to a work for a better company - take this as a growth experience that has made you stronger and wiser.

    Good luck with your decision(s).
  • A claim of constructive discharge isn't going to prevail unless there is a record of psychological problems that resulted. Mistreatment and discrimination because of one's protected category is actionable under Title VII. Being an HR manager is not a protected category. You would prevail only in a UI appeal, not in court. If by some stretch of someone's imagination she might convince others that she was mistreated due to her processing the civil rights charges of others, that would be interesting to the EEOC; but, it would not be the constructive discharge that would get their attention. Some of you need to reread Title VII.
  • Oh, I agree with you, Don, but I still think she should have sought legal advice before resigining. It wasn't against the law, but it's obviously NOT a very bright idea to retaliate against an HR person for reporting suspected discrimination. Hey, if she was so inclined she could cause all kinds of problems for her former company, not the least of which would be to steer those three employees toward the EEOC and offer her services as a witness.
  • I agree she could cause lots of problems, but being able to cause problems does not rise to the level of having an actionable claim for her. I think she should just move on with her life. If the EEs who complained want to drag her in, then she should just tell the truth when she is deposed, but getting involved in someone else's lawsuits and claims when she is trying to pull in a paycheck just brings a lot of grief.
  • I for one support your decision to quit! If you are unhappy in a position, then you can best serve everyone and especially your own mental and physical well being, by seeking other employment. Too many HR professionals are used and abused. Go where you will be apprecaited and good luck to you!
  • Discharge as an actionable item is probably going to depend on a particular state and how courts view constructive discharge. If a person complains about discrimination, then working conditions become so intolerable so that they have to quit that would probably meet the standard of constructive discharge in Ca., particularly because there is a labor code making the action protected whisleblowing. Proving that the person was impacted mentally would not play a role. I expect that the chances of being actionable will vary from "certainly" in Ca. to "no way" in other states.
  • But, even in your scenario, isn't the pivotal event the discrimination, and the mistreatment that followed, causing the constructive discharge theory to emergy, just ancillary?

    By the way Gillian3, good to see you. Thought you were lounging under a sombrero by now.
  • The trigger event would be the complaint about discrimation. Constructive discharge would not be ancillary here, since whistleblowing and retalition is prohibited. The company defense would be "we are not retaliating, just giving more work since there is lot's of time to spare". Ultimatly, the jury would decide.

    No, I'm not under a sombrero yet. That probably occurs after my mother is no longer here. We are planning her 100th birthday party which will be in July. I'm back at the Transit District which has the membership.
  • To clarify, constructive discharge, in and of itself is not actionable except in a UI appeal. It is largely considered peripheral and irrelevant UNLESS there is something actionable accompanying that claim; such as discrimination in violation of a federal or state law or the resulting mental anguish proven out by medical records or psychological testimony from experts. Even then, it is not ever enough to visit a shrink at the point of coming up with an idea to sue.

    Simply being an overburdened, berated and mistreated HR Manager held in low esteem is not going to fly, even though it could be constructive discharge. Constructive discharge by itself is largely a hollow buzz phrase having little if any value.
  • Sohappytobe - you go girl! The only thing that would have held me back is whether or not I had another job lined up - but once that dilemma was solved - slap me on the behind, I'm done.

    You were never the HR Director. A good CEO wants HR to focus on hiring/retaining/training good personnel to carry on the service/function of the organization. Also, they want to utilize the HR Director in a manner that is consistent with their wages, namely strategic thinking about personnel and placement, how to keep the company out of legal hot water & how to train the supervisors with this insight. They want this person to really be involved in the compensation side of the business to add value (read: reduce/manage labor $), etc., etc., etc. - NOT answering their phones or typing letters for the other "more important" people in the office. You could stay and work your way through it - but I tell you, you've already described an incident with the CEO that outlines his viewpoint of HR & it sounds a lot like administrative assistant. In fact, I wonder if maybe he just finally got around to telling you how he really feels - you're an administrative assistant & you sometimes, at his discretion, perform the duties of the position: HR Director.?.? It will take a very long time and a great deal of patience on your part to overcome his viewpoint, let alone change it & life is just too darn short.

    Finally & most importantly, don't give up HR. HR is a great profession and you have a talent with it. Just give up working for idiots. x:D

  • I want to thank you all for your good wishes and kind words of wisdom. I needed these responses and take all of your words of wisdom to heart. What a wonderful group you all are.

    I'll keep you all posted on my whereabouts.
  • I think you did the right thing. Just get out. Sometimes law suits and "winning a point" just aren't worth it. It is obvious that they don't appreciate you and even more important don't value the worth of Human Resources. Don't hit your head against a wall. They will pay their dues. You would have hours of misery and sleepless night.
    I think you will find that life is better on the outside and encourge you to give HR another try. One bad apple shouldn't ruin it for you.
    Good luck.
    E Wart
  • Congratulations, Sohappy..... sounds like you made the right + good decision. This asshole is an engraved invitation to a lawsuit as well as an HR professional's nightmare, and you don't want to be hanging around that particular barn when the "chickens come home to roost".

    Further, I don't think I would want to be doing HR in ANY hospital these days. But not all HR jobs are like the one you just left... or like the HR function in hospitals in general. So don't despair! It is possible to find an HR job where you can function as a real HR person, and do so w/ some integrity.

    Best of luck, and be well.
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-03-05 AT 04:39AM (CST)[/font][br][br]I must agree with you. I find it really hard to understand why any HR professional would choose a healthcare environment or one which deals with children with mental problems. There is simply too much oversight and too much heavy handedness from overbearing and micromanaging directors who have not a clue what they are doing. I will write a book one day about those who pose as professionals while pushing sordid details under the rug and feathering their personal nests.
  • i'll pay double for the first copy of that book ... thanks!
  • Hey sohappytobe,

    Stay with HR but find a company that appreciates you. Any CEO that says that any category of employees "are a dime a dozen" is a jerk and he doesn't deserve you. I work for a major university and one of our operations is a health sciences center and hospital and I often have difficulty in dealing with the doctors but not the CEO. He fully understands and supports my role. So look around, good HR people are in demand and we perform a very valuable service even if we are not always appreciated.

    JJ
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