Becky D., an RN working as the charge nurse and team leader for the evening shift at an extended care rehabilitation facility, was responsible for making shift assignments, overseeing the other registered nurses, licensed practical nurses, and nursing aides and for receiving and giving end of- shift report.

QUESTION

Becky D., an RN working as the charge nurse and team leader for the evening shift at an extended care rehabilitation facility, was responsible for making shift assignments, overseeing the other registered nurses, licensed practical nurses, and nursing aides and for receiving and giving end of- shift report. She was expected by her manager to report any performance issues and to manage any risk management issues that occurred during her shift.

One week at work, Becky circulated a petition among the center’s nurses that protested a facility plan to reallocate work from the nurse’s responsibilities to the nursing aides. Becky was concerned that these reallocated responsibilities were not within the legal functioning of the nursing aides. When Becky reported to work on the next Monday evening shift, she was called into the manager’s office and was fired for circulating the petition.

1. Did the facility have the right to fire the nurse for this activity? Why or why not?

2. Is Becky considered a supervisor according to labor laws? Why or why not?

3. What actions could Becky take to counter the termination of her employment?

ANSWER

Understanding the Legality of Firing an RN for Organizing a Workplace Petition

Introduction

In the dynamic realm of labor laws, the termination of an employee for engaging in concerted activities can raise questions about their rights and protections. This essay examines the case of Becky D., an RN who was fired from her position as charge nurse for circulating a petition at an extended care rehabilitation facility. We will explore the legality of the facility’s decision and consider the potential actions Becky could take to counter her termination.

The facility’s right to terminate

Determining the legality of the facility’s decision requires an assessment of labor laws, employment contracts, and the context surrounding the petition. In the United States, the National Labor Relations Act (NLRA) protects employees engaged in “concerted activities” to discuss workplace conditions, wages, and terms of employment (National Labor Relations Act | National Labor Relations Board, n.d.). However, the NLRA excludes certain categories, such as supervisors, from its protection.

Becky’s status as a supervisor

To establish whether Becky qualifies as a supervisor under labor laws, we need to consider her role and responsibilities. As a charge nurse and team leader overseeing other registered nurses, licensed practical nurses, and nursing aides, Becky held a position of authority and responsibility (FindLaw, 2017). However, the determination of her supervisor status may depend on factors like her decision-making authority, level of oversight, and ability to hire or discipline other employees.

Countering the termination of employment

If Becky is considered an employee covered by the NLRA, she may have grounds to challenge her termination. She could pursue the following actions:

a) File a complaint with the National Labor Relations Board (NLRB): Becky can file an unfair labor practice charge with the NLRB, alleging that her termination was in violation of her rights to engage in concerted activities (Investigate Charges | National Labor Relations Board, n.d.). The NLRB will investigate the case and determine if the facility violated labor laws.

b) Seek legal representation: Becky can consult with an employment attorney who specializes in labor laws. The attorney can evaluate the facts of her case, provide legal advice, and guide her through potential legal proceedings, such as filing a lawsuit for wrongful termination or discrimination.

c) Engage in negotiations or settlement discussions: In some cases, the facility may be open to resolving the issue outside of a formal legal process. Becky and her attorney could engage in negotiations or settlement discussions with the facility, aiming to reinstate her employment, seek compensation for damages, or negotiate other favorable terms.

Conclusion

The termination of Becky D. for circulating a petition raises important questions regarding employee rights and protections. The facility’s right to fire her depends on her status as a supervisor and the applicability of labor laws, such as the NLRA. Becky has potential recourse through filing a complaint with the NLRB, seeking legal representation, and engaging in negotiations or settlement discussions. It is crucial for employees and employers alike to navigate such situations with a thorough understanding of labor laws to ensure fair treatment and protect employees’ rights.

References

FindLaw. (2017). U.S. Supreme Court Rules That Nurses Can Be Considered Supervisors. Findlaw. https://corporate.findlaw.com/litigation-disputes/u-s-supreme-court-rules-that-nurses-can-be-considered.html 

Investigate Charges | National Labor Relations Board. (n.d.). https://www.nlrb.gov/about-nlrb/what-we-do/investigate-charges 

National Labor Relations Act | National Labor Relations Board. (n.d.). https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act