Thursday, April 30, 2009
Wednesday, April 29, 2009
WELL, THE VERDICT IS IN:
"The initial determination disqualifying the claimant from receiving benefits effective October 18th,2008,on the basis that the claimant lost employment through misconduct in connection with that employment and holding wages paid to the claimant by **** Hospital prior to October 18th,2008 cannot be used toward the establishment of a claim for benefits, is OVERRULED!
Every technical violation of an employment rule does not rise to the level of misconduct.
Accordingly I conclude that the claimant's behavior does not rise to the level of misconduct, and thus the claimant is not disqualified from the receipt of benefits.
***** *. *********
Administrative Law Judge
YEAH ME!
AS IT TURNED OUT, THEY HAD MADE A CLAIM THAT WHEN I REMOVED A DISRUPTIVE RESIDENT WHO WAS SCREAMING AT THE TOP OF HER LUNGS FROM THE DINING AREA INTO THE HALLWAY, TO TRY AND RECTIFY HER NEEDS AWAY FROM THOSE WHO WERE EITHER LAUGHING AT OR SCREAMING BACK AT HER,AND WHEN I WAS UNABLE TO DETERMINE STILL WHAT THE PROBLEM OF HER AGITATION WAS AND WALKED IN A STRAIGHT LINE APPROX. 20 FEET TO THE NURSES DESK TO GET HELP..... THEY SAID THAT WAS ABUSE!
WHEN WE APPEARED IN COURT,NOT ONE OF THEM WAS ABLE TO MAKE A VALID ARGUMENT, THE JUDGE KEPT INTERJECTING.
SO ALTHOUGH I MAY HAVE WON THIS PARTICULAR CASE,IT'S NOT OVER YET .
I HAVE FILED FOR A NEW CASE, SUING THE HOSPITAL FOR DEFAMATION OF CHARACTER,LIABLE,SLANDER AND WRONGFUL TERMINATION.
THESE PEOPLE STOLE A PIECE OF ME THAT I CAN NEVER GET BACK.
WHAT THEY INITIALLY PUT ME THROUGH IN THE MONTHS PRIOR TO THIS BLOG WAS SO DEMEANING AND BELITTLING,THEY TRIED TO TURN ME INTO THIS MONSTER TO JUSTIFY ME BEING TERMINATED. A GIRL WHO NOT ONLY GAVE THEM ALMOST 17YEARS,BUT WHO ALSO DEVELOPED LONG LASTING FAMILIAL TYPE RELATIONSHIPS WITH HER RESIDENTS AND THEIR FAMILY MEMBERS,WORKED COUNTLESS HOURS OF OVERTIME WITHOUT NOTICE,ATTENDED EVERY FACILITY FUNCTION EVEN IF IT WAS MY DAY OFF, RECEIVED EMPLOYEE OF THE MONTH,TIED FOR RUNNER UP IN THE NATIONWIDE CNA OF THE YEAR CONTEST.....etc. etc. etc.
IN THE SHORT TERM, THEY MAY HAVE GOTTEN WHAT THEY WANTED FOR WHATEVER REASON,BUT IN THE LONGRUN AND FURTHER STILL, I HAVE GOTTEN AND STILL AIM TO GET MORE OF THE ONLY THING THAT I EVER WANTED, AND THAT WAS A LITTLE PIECE IF NOT ALL OF MY DIGNITY BACK!
"The initial determination disqualifying the claimant from receiving benefits effective October 18th,2008,on the basis that the claimant lost employment through misconduct in connection with that employment and holding wages paid to the claimant by **** Hospital prior to October 18th,2008 cannot be used toward the establishment of a claim for benefits, is OVERRULED!
Every technical violation of an employment rule does not rise to the level of misconduct.
Accordingly I conclude that the claimant's behavior does not rise to the level of misconduct, and thus the claimant is not disqualified from the receipt of benefits.
***** *. *********
Administrative Law Judge
YEAH ME!
AS IT TURNED OUT, THEY HAD MADE A CLAIM THAT WHEN I REMOVED A DISRUPTIVE RESIDENT WHO WAS SCREAMING AT THE TOP OF HER LUNGS FROM THE DINING AREA INTO THE HALLWAY, TO TRY AND RECTIFY HER NEEDS AWAY FROM THOSE WHO WERE EITHER LAUGHING AT OR SCREAMING BACK AT HER,AND WHEN I WAS UNABLE TO DETERMINE STILL WHAT THE PROBLEM OF HER AGITATION WAS AND WALKED IN A STRAIGHT LINE APPROX. 20 FEET TO THE NURSES DESK TO GET HELP..... THEY SAID THAT WAS ABUSE!
WHEN WE APPEARED IN COURT,NOT ONE OF THEM WAS ABLE TO MAKE A VALID ARGUMENT, THE JUDGE KEPT INTERJECTING.
SO ALTHOUGH I MAY HAVE WON THIS PARTICULAR CASE,IT'S NOT OVER YET .
I HAVE FILED FOR A NEW CASE, SUING THE HOSPITAL FOR DEFAMATION OF CHARACTER,LIABLE,SLANDER AND WRONGFUL TERMINATION.
THESE PEOPLE STOLE A PIECE OF ME THAT I CAN NEVER GET BACK.
WHAT THEY INITIALLY PUT ME THROUGH IN THE MONTHS PRIOR TO THIS BLOG WAS SO DEMEANING AND BELITTLING,THEY TRIED TO TURN ME INTO THIS MONSTER TO JUSTIFY ME BEING TERMINATED. A GIRL WHO NOT ONLY GAVE THEM ALMOST 17YEARS,BUT WHO ALSO DEVELOPED LONG LASTING FAMILIAL TYPE RELATIONSHIPS WITH HER RESIDENTS AND THEIR FAMILY MEMBERS,WORKED COUNTLESS HOURS OF OVERTIME WITHOUT NOTICE,ATTENDED EVERY FACILITY FUNCTION EVEN IF IT WAS MY DAY OFF, RECEIVED EMPLOYEE OF THE MONTH,TIED FOR RUNNER UP IN THE NATIONWIDE CNA OF THE YEAR CONTEST.....etc. etc. etc.
IN THE SHORT TERM, THEY MAY HAVE GOTTEN WHAT THEY WANTED FOR WHATEVER REASON,BUT IN THE LONGRUN AND FURTHER STILL, I HAVE GOTTEN AND STILL AIM TO GET MORE OF THE ONLY THING THAT I EVER WANTED, AND THAT WAS A LITTLE PIECE IF NOT ALL OF MY DIGNITY BACK!
Friday, April 24, 2009
WELL, I WENT TO COURT ON WEDNESDAY AND LET ME TELL YOU, THAT WAS ONE OF THE HARDEST THINGS THAT I HAVE EVER HAD TO DO IN MY LIFE!
THE BLATANT LIES THAT WERE TOLD ABOUT ME WERE REALLY HARD TO SWALLOW, AND ALL I WAS ALLOWED TO DO WAS SIT THERE AND LISTEN. I GAVE THOSE PEOPLE 17 YEARS OF MY LIFE AND IT ALL COMES DOWN TO WHO IS TELLING THE TRUTH.
NOW I REALIZE THAT MOST OF YOU READING THIS DO NOT KNOW ME,BUT I CAN PROMISE YOU THAT I AM NOT THE INSENSITIVE, HEARTLESS CREATURE THAT THEY HAVE MADE ME INTO!
MY LAWYER WAS AMAZING THOUGH! WHEN HE HAD THE OPPORTUNITY TO SPEAK, HE WAS ALL OVER THEM LIKE FLIES ON FLY PAPER! WHEN HE WAS DONE WITH HIS CLOSING STATEMENTS, THEY ALL HAD THE LOOK ON THERE FACES LIKE THEY WERE JUST PUNCHED IN THE STOMACH. I'M STILL NOT QUITE SURE WHAT THEIR ULTERIOR MOTIVES WERE FOR ALL OF THIS, I HAVE ALWAYS GIVEN 110% AT THAT FACILITY, I MEAN C'MON I'VE BEEN THERE 17 YEARS WITH VIRTUALLY NO MAJOR INCIDENTS ON MY RECORD..... OKAY, SO I WAS CAUGHT ANSWERING MY CELLPHONE ONCE DURING PATIENT CARE ABOUT TWO YEARS AGO, I WOULD HARDLY CALL THAT AN INCIDENT, WOULD YOU?
HOPEFULLY I'LL RECIEVE THE VERDICT SOON. I AM REALLY LOOKING FORWARD TO PUTTING THIS ALL BEHIND ME!
I'LL KEEP YA POSTED!
THE BLATANT LIES THAT WERE TOLD ABOUT ME WERE REALLY HARD TO SWALLOW, AND ALL I WAS ALLOWED TO DO WAS SIT THERE AND LISTEN. I GAVE THOSE PEOPLE 17 YEARS OF MY LIFE AND IT ALL COMES DOWN TO WHO IS TELLING THE TRUTH.
NOW I REALIZE THAT MOST OF YOU READING THIS DO NOT KNOW ME,BUT I CAN PROMISE YOU THAT I AM NOT THE INSENSITIVE, HEARTLESS CREATURE THAT THEY HAVE MADE ME INTO!
MY LAWYER WAS AMAZING THOUGH! WHEN HE HAD THE OPPORTUNITY TO SPEAK, HE WAS ALL OVER THEM LIKE FLIES ON FLY PAPER! WHEN HE WAS DONE WITH HIS CLOSING STATEMENTS, THEY ALL HAD THE LOOK ON THERE FACES LIKE THEY WERE JUST PUNCHED IN THE STOMACH. I'M STILL NOT QUITE SURE WHAT THEIR ULTERIOR MOTIVES WERE FOR ALL OF THIS, I HAVE ALWAYS GIVEN 110% AT THAT FACILITY, I MEAN C'MON I'VE BEEN THERE 17 YEARS WITH VIRTUALLY NO MAJOR INCIDENTS ON MY RECORD..... OKAY, SO I WAS CAUGHT ANSWERING MY CELLPHONE ONCE DURING PATIENT CARE ABOUT TWO YEARS AGO, I WOULD HARDLY CALL THAT AN INCIDENT, WOULD YOU?
HOPEFULLY I'LL RECIEVE THE VERDICT SOON. I AM REALLY LOOKING FORWARD TO PUTTING THIS ALL BEHIND ME!
I'LL KEEP YA POSTED!
Tuesday, April 21, 2009
WELL I RECEIVED MY COURT DATE ON FRIDAY APRIL 17th, IT IS GOING TO BE ON WEDNESDAY APRIL 22nd. WOW THAT WAS QUICK!
UNFORTUNATELY, I FOUND OUT THAT MY LAWYER WILL BE UNAVAILABLE THAT DAY SO THE FIRM IS SENDING AN ALTERNATE. I SPOKE WITH HIM ON THE PHONE YESTERDAY TO GO OVER MY CASE.HE SEEMS NICE,BUT I'M A LITTLE MORE NERVOUS THAN I WAS ORIGINALLY. MY HUSBAND SAYS THAT EVERYTHING WILL BE FINE. I WISH THAT I HAD HIS CONFIDENCE,BECAUSE IT HAS ALWAYS BEEN MY EXPIERIENCE THROUGHOUT MY LIFE THAT WHENEVER I GET MY HOPES UP ABOUT SOMETHING,THE OTHER SHOE DROPS!
PLEASE KEEP YOUR FINGERS CROSSED, AND I'LL LET YOU ALL KNOW THE OUTCOME TOMORROW!
UNFORTUNATELY, I FOUND OUT THAT MY LAWYER WILL BE UNAVAILABLE THAT DAY SO THE FIRM IS SENDING AN ALTERNATE. I SPOKE WITH HIM ON THE PHONE YESTERDAY TO GO OVER MY CASE.HE SEEMS NICE,BUT I'M A LITTLE MORE NERVOUS THAN I WAS ORIGINALLY. MY HUSBAND SAYS THAT EVERYTHING WILL BE FINE. I WISH THAT I HAD HIS CONFIDENCE,BECAUSE IT HAS ALWAYS BEEN MY EXPIERIENCE THROUGHOUT MY LIFE THAT WHENEVER I GET MY HOPES UP ABOUT SOMETHING,THE OTHER SHOE DROPS!
PLEASE KEEP YOUR FINGERS CROSSED, AND I'LL LET YOU ALL KNOW THE OUTCOME TOMORROW!
Tuesday, April 14, 2009
I'VE BEEN FIRED?
WELL NOW THAT I FINALLY HAVE LEARNED THE ART OF BLOGGING, I THOUGHT THAT I WOULD JUST START JOTTING THINGS DOWN FROM MY EVERYDAY LIFE TO GET EVERYONE'S OPINION. I HAVE MULLED THIS STUFF OVER AND OVER SO LONG NOW THAT IT ALL SEEMS LIKE A BLUR,TOO THE POINT THAT I NO LONGER KNOW IF I'M COMING OR GOING. IT HAS DEPRESSED ME SO MUCH THAT MY DAY TO DAY ROUTINES HAVE NOW TURNED ME INTO THE COUCH POTATO I NEVER WAS!
IN NOVEMBER 2008 AFTER ALMOST 17 WONDERFUL YEARS AT A REALLY FULFILLING JOB IN LONGTERM CARE,I WAS FIRED.
IT TURNS OUT THAT A HUSBAND OF A WIFE WHOM I CARED FOR ALMOST 7YRS. WHO HAD PASSED AWAY IN FEBRUARY 2008,MADE A CLAIM TOO ANYONE WHO WOULD LISTEN, THAT I WAS THE ONLY FRIEND HE HAD LEFT AND HE WAS GRATEFUL TOO ME FOR HAVING TAKEN SUCH GOOD CARE OF HIS WIFE,THAT WHEN HE DIES HE WAS LEAVING EVERYTHING TOO ME.NOW MIND YOU, THESE WERE JUST WORDS THAT WERE SAID IN GRIEF, I NEVER TOOK STOCK IN ANY OF THOSE WORDS!
FAST FORWARD NOW TO OCTOBER. I AM BEING CALLED DOWN TO THE HUMAN RESOURCES DEPARTMENT FACING SUSPENSION PENDING AN INVESTIGATION FOR EXPLOITATION OF RESIDENTS AND/OR THEIR FAMILY MEMBERS!
WHAAAAAAAAT?????????
ULTIMATELY I WAS FIRED IN NOVEMBER.
I CRIED SO MUCH I COULDN'T EVEN THINK STRAIGHT. HOW CAN THEY FIRE ME WHEN I DID NOTHING WRONG?
WHEN I RECEIVED THE FINAL TERMINATION PAPERS IN THE MAIL, I FILED FOR UNEMPLOYMENT UNTIL I COULD FIND SOMETHING ELSE.
2 WEEKS LATER I GET A LETTER IN THE MAIL SAYING THAT MY EMPLOYER WAS DISPUTING THE UNEMPLOYMENT CASE AND THERE WOULD HAVE TOO BE AN INVESTIGATION AS TOO WHETHER OR NOT I DESERVED THESE BENEFITS UNDER THE CIRCUMSTANCES IN WHICH I HAD BEEN FIRED.OKAY, NO PROBLEM, I HAVE NOTHING MORE TOO LOSE.
ABOUT 4 WEEKS LATER, I GET A CALL FROM AN INVESTIGATOR FOR UNEMPLOYMENT WHO HAD BEEN FOLLOWING MY CLAIM AND IT TURNS OUT THAT BACK IN OCTOBER WHEN I WAS BEING INVESTIGATED FOR EXPLOITATION, THE DEPARTMENT OF HEALTH HAD FOUND NO GROUNDS FOR MY TERMINATION, NUMBER ONE BECAUSE THE WOMAN I HAD CARED FOR WAS NO LONGER A PATIENT OF MINE BECAUSE SHE HAD EXPIRED 8 MONTHS BEFORE, AND NUMBER TWO, THE CLAIMS THAT HER HUSBAND HAD MADE, HE NEVER FOLLOWED THROUGH ON ANYWAY.BUT WHEN THIS WAS BROUGHT TO MY EMPLOYERS ATTENTION BY THE UNEMPLOYMENT INVESTIGATOR,MY EMPLOYER TOLD HIM THAT THAT WAS NOT WHAT THEY FIRED ME FOR ORIGINALLY....... IT WAS FOR RESIDENT ABUSE.
WHAAAAAAAAAAAAAT?
SO THE UNEMPLOYMENT INVESTIGATOR ADVISED ME THAT I SHOULD GET A LAWYER, BECAUSE HE FELT THAT FOR LACK OF A BETTER TERM I WAS BEING SCREWED!
SO I HAVE RETAINED A LAWYER, WHO NOT ONLY THINKS THAT I AM GOING TO WIN THE UNEMPLOYMENT CASE, BUT ALSO A SEPERATE CASE FILED FOR WRONGFUL TERMINATION,LIABLE,SLANDER AND DEFAMATION OF CHARACTER!
HA HA YOU SAY,I'M STILL WAITING FOR THE OTHER SHOE TO DROP,BECAUSE THIS IS LITTLE OLD ME GOING UP AGAINST A BIG COMPANY...BUT WE'LL SEE WHAT HAPPENS NEXT.
THE JUDGE HAS RECEIVED MY REQUEST FOR A TRIAL AND I AM JUST WAITING FOR THE COURT DATE....I'LL KEEP YOU POSTED!
IN NOVEMBER 2008 AFTER ALMOST 17 WONDERFUL YEARS AT A REALLY FULFILLING JOB IN LONGTERM CARE,I WAS FIRED.
IT TURNS OUT THAT A HUSBAND OF A WIFE WHOM I CARED FOR ALMOST 7YRS. WHO HAD PASSED AWAY IN FEBRUARY 2008,MADE A CLAIM TOO ANYONE WHO WOULD LISTEN, THAT I WAS THE ONLY FRIEND HE HAD LEFT AND HE WAS GRATEFUL TOO ME FOR HAVING TAKEN SUCH GOOD CARE OF HIS WIFE,THAT WHEN HE DIES HE WAS LEAVING EVERYTHING TOO ME.NOW MIND YOU, THESE WERE JUST WORDS THAT WERE SAID IN GRIEF, I NEVER TOOK STOCK IN ANY OF THOSE WORDS!
FAST FORWARD NOW TO OCTOBER. I AM BEING CALLED DOWN TO THE HUMAN RESOURCES DEPARTMENT FACING SUSPENSION PENDING AN INVESTIGATION FOR EXPLOITATION OF RESIDENTS AND/OR THEIR FAMILY MEMBERS!
WHAAAAAAAAT?????????
ULTIMATELY I WAS FIRED IN NOVEMBER.
I CRIED SO MUCH I COULDN'T EVEN THINK STRAIGHT. HOW CAN THEY FIRE ME WHEN I DID NOTHING WRONG?
WHEN I RECEIVED THE FINAL TERMINATION PAPERS IN THE MAIL, I FILED FOR UNEMPLOYMENT UNTIL I COULD FIND SOMETHING ELSE.
2 WEEKS LATER I GET A LETTER IN THE MAIL SAYING THAT MY EMPLOYER WAS DISPUTING THE UNEMPLOYMENT CASE AND THERE WOULD HAVE TOO BE AN INVESTIGATION AS TOO WHETHER OR NOT I DESERVED THESE BENEFITS UNDER THE CIRCUMSTANCES IN WHICH I HAD BEEN FIRED.OKAY, NO PROBLEM, I HAVE NOTHING MORE TOO LOSE.
ABOUT 4 WEEKS LATER, I GET A CALL FROM AN INVESTIGATOR FOR UNEMPLOYMENT WHO HAD BEEN FOLLOWING MY CLAIM AND IT TURNS OUT THAT BACK IN OCTOBER WHEN I WAS BEING INVESTIGATED FOR EXPLOITATION, THE DEPARTMENT OF HEALTH HAD FOUND NO GROUNDS FOR MY TERMINATION, NUMBER ONE BECAUSE THE WOMAN I HAD CARED FOR WAS NO LONGER A PATIENT OF MINE BECAUSE SHE HAD EXPIRED 8 MONTHS BEFORE, AND NUMBER TWO, THE CLAIMS THAT HER HUSBAND HAD MADE, HE NEVER FOLLOWED THROUGH ON ANYWAY.BUT WHEN THIS WAS BROUGHT TO MY EMPLOYERS ATTENTION BY THE UNEMPLOYMENT INVESTIGATOR,MY EMPLOYER TOLD HIM THAT THAT WAS NOT WHAT THEY FIRED ME FOR ORIGINALLY....... IT WAS FOR RESIDENT ABUSE.
WHAAAAAAAAAAAAAT?
SO THE UNEMPLOYMENT INVESTIGATOR ADVISED ME THAT I SHOULD GET A LAWYER, BECAUSE HE FELT THAT FOR LACK OF A BETTER TERM I WAS BEING SCREWED!
SO I HAVE RETAINED A LAWYER, WHO NOT ONLY THINKS THAT I AM GOING TO WIN THE UNEMPLOYMENT CASE, BUT ALSO A SEPERATE CASE FILED FOR WRONGFUL TERMINATION,LIABLE,SLANDER AND DEFAMATION OF CHARACTER!
HA HA YOU SAY,I'M STILL WAITING FOR THE OTHER SHOE TO DROP,BECAUSE THIS IS LITTLE OLD ME GOING UP AGAINST A BIG COMPANY...BUT WE'LL SEE WHAT HAPPENS NEXT.
THE JUDGE HAS RECEIVED MY REQUEST FOR A TRIAL AND I AM JUST WAITING FOR THE COURT DATE....I'LL KEEP YOU POSTED!
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