shoot rolls downhill...

[MichaelM]

My wife is a nurse and works for a nursing agency.

Following a shift at a nursing home she finds herself in a bit o a pickle.

Without knowing both sides of the story, the agency called her and warned her that the family may be making a complaint which could possibly lead to her facing criminal charges.. The agency now want her to go in for a talk, and to hand in a written statement.

I've told her not to sign anything as the agency have in effect made some kind of threat, and if things were to get all legal, this statement may or may not come up against her.

The agency are more likely to be interested in their long term contract with a chain of nursing homes than one member of staff. She's going in this afeternoon, I've told her to type out her statement, but not sign it - good idea or not? Or would she in fact be better off reusing to write anything at all ?

 

[wafflycat]

In general, without knowing the facts, all I can say is that if it were me, I'd be reluctant to be writing/signing *anything* until I know exactly what I'm supposed to have done wrong, and I'd be wanting to have access to proper representation, legal if necessary.

 

[Melvil]

In general, without knowing the facts, all I can say is that if it were me, I'd be reluctant to be writing/signing *anything* until I know exactly what I'm supposed to have done wrong, and I'd be wanting to have access to proper representation, legal if necessary.

+1

 

[alecstilleyedye]

My wife is a nurse and works for a nursing agency.

Following a shift at a nursing home she finds herself in a bit o a pickle.

Without knowing both sides of the story, the agency called her and warned her that the family may be making a complaint which could possibly lead to her facing criminal charges.. The agency now want her to go in for a talk, and to hand in a written statement.

I've told her not to sign anything as the agency have in effect made some kind of threat, and if things were to get all legal, this statement may or may not come up against her.

The agency are more likely to be interested in their long term contract with a chain of nursing homes than one member of staff. She's going in this afeternoon, I've told her to type out her statement, but not sign it - good idea or not? Or would she in fact be better off reusing to write anything at all ?

my wife works in a similar role for cheshire county council. they had an incidence of someone who was clearly stealing from the clients. they were suspended (on full pay) and subsequently nothing could be proved and they are now back at work

my wife's colleagues are often accused of this or that by either the clients or their families. usually nothing comes of it, and certain clients are known for ringing up all the time. they will sometimes receive a "double call" (and pay for it) as a result.

i would suggest that your wife find out what has been alleged, and be given the chance to respond verbally. the only people who can ask for a statement are plod. if you have legal advice free with hour house insurance, give them a call, or try the cab. hopefully this will be a something and nothing incident.

 

[yello]

+1.

The agency will want to cover their arse primarily so I'd say nought to them - other than to say your getting legal advice before doing anything else. Get hold of the union rep and ask for their advice.

I take it that your wife's stint was at a residential nursing home (old people's or hospice) rather than a hospital. The patient's family's complaint is therefore first and foremost with them (and they may well be trying to pass the buck). Your wife should have no contact with the patient's family at all at this stage.

Edit: Oh, and don't worry too much. Sadly, as your probably knows, complaints are part of the job in nursing. It's understandable to when you consider what nurses are dealing with day in, day out. I know it all probably sounds daunting but usually it's just procedure and tick-box processes being followed. Usually, it just blows over when all the forms have been filled in and the patient/family calms down a little.

 

[Greedo]

She has been called in for something she doesn't know anything about, so she has to sit down and listen to what they are say. She then has the chance to respond verbally.

If the family are looking to make a big deal out of whatever it is she has to be given time before she writes out a verbal statement in response, but really the family should have no contact with your wife. Their port of call is the the place their relative is. They are just trying to pass the buck.

good luck

 

[domtyler]

I don't know anything about nursing homes, but if it were my wife I would tell her to not commit one word to writing at this point and to be very careful what she says, as in:

STICK TO THE BARE FACTS ONLY!!!

Did you notice how I reinforced the point that she should

STICK TO THE BARE FACTS ONLY!!!

 

[yenrod]

>hopefully this will be a something and nothing incident.

 

[Sh4rkyBloke]

How can she be expected to write a statment if she doesn't know what she's been accused of or what it is to do with?

Either get some details about what the incident/scenario is (preferably written so she can counter/clarify any of the points raised) or ensure the first meeting is simply her getting this info from them - taking notes and getting them to sign it as a record of the 'charge'.

Sounds rather bizarre. Hope she gets it sorted without too much stress.

 

[ChrisKH]

My wife is a nurse and works for a nursing agency.

Following a shift at a nursing home she finds herself in a bit o a pickle.

Without knowing both sides of the story, the agency called her and warned her that the family may be making a complaint which could possibly lead to her facing criminal charges.. The agency now want her to go in for a talk, and to hand in a written statement.

I've told her not to sign anything as the agency have in effect made some kind of threat, and if things were to get all legal, this statement may or may not come up against her.

The agency are more likely to be interested in their long term contract with a chain of nursing homes than one member of staff. She's going in this afeternoon, I've told her to type out her statement, but not sign it - good idea or not? Or would she in fact be better off reusing to write anything at all ?

I would put nothing in writing. As you say, the agency are making veiled threats which is appauling given they have no facts. It depends to some degree what your wife has signed in the past to secure work from the agency but any contract or documents you have are your first port of call. If nothing is in writing that covers disciplinary or grievance I would probably agree to the meeting and ask for a witness to attend. This is in line with normal grievance procedures when there is an employer/employee relationship so there's nor reason why it cannot apply now. Sign nothing. Do nothing. State barest facts. Consider options at meeting end. I certainly wouldn't want to work for that agency again but I know these things are not often done out of personal choice.

 

[MichaelM]

She knew what the incident was, it was something that everyone was happy with at the time, but now seems to be being used as the crux of an argument between the family and the nursing home - who in turn are passing the buck on to the agency.... who in turn told my wife she could possibly face criminal charges.

As of yet she doesn't know whether or not a formal complaint has been made or how far things have gone.

It's the " you could possibly face criminal charges" bit without knowing her side of the story that seems to indicate (to me) that a scapegoat is being sought.

 

[Kirstie]

It's the " you could possibly face criminal charges" bit without knowing her side of the story that seems to indicate (to me) that a scapegoat is being sought.

It also is bordering on bullying and is certainly threatening...

 

[wafflycat]

From what you've said, she needs to try to stay calm - easier said than done. She also needs to get *proper* advice. With the best will in the world, I doubt that those of us on the forum know all the ins and outs of the contract etc. If it were me, I'd be wanting to see a lawyer/Citizens' Advice Bureau pretty damn quick and I'd not be signing or saying anything until I knew what my rights/responsiblities are, with one exception - I'd be telling the agency that I fully intend to cooperate but until I obtain proper *impartial* advice, I won't be doing anything.

Edit: added word above in bold

 

[alecstilleyedye]

could end in your wife claiming for constructive dismissal if she leaves.

 

[ChrisKH]

Sorry, now I have more info, I would get the Union involved (if unionised) or a solicitor.

Obviously if you do that, your wife will lose this agency as a source of income though. But then I'm telling you to suck eggs on this point, I'm sure.