Employee Issue: Potential Misappropriation
A Certified Nursing Assistant (CNA) approached the Director of Nursing (DON) and asked to be allowed to speak with her lawyer about a case filed against her from a previous job. The case involved a $40 Electronic Tablet allegedly given to her by a resident who later passed away. The family wanted the tablet back, the CNA returned it, and was then fired from her job for misappropriation. This incident was handled as a reportable event.
The CNA’s lawyer recommended that she speak with a person at the Department of Public Health (DPH) and was advised by that if she obtained a letter in support of her current employment status, she would be placed on probation for one year. She was told by the DPH representative that if the case is pending, they could work with her.
The CNA claimed that she told the facility’s former DON two years earlier about the situation, but there was no record of this conversation. The facility determined that the DON who the CNA claimed she told about the situation was not employed there at that time. The CNA’s employment file included a written warning for failure to document; however, there were no other write-ups. The facility had conducted a background check and a criminal record check on the CNA at the time of her employment, and they were clear.
There was a document from the CNA’s attorney in her file that was not on letterhead and not signed. When asked about the document, the CNA said that her lawyer had provided it for her current employer to sign. If the current employer signs it, indicating she is in good standing, she will not have to attend a hearing, and she will not lose her certification. The document stipulates that the employee has met or exceeded standards in all areas of her employment, and that she is respectful of all residents and their belongings.
According to the DPH representative, currently there is no conviction and the decision is pending, so the CNA may continue to work. The facility needs a letter from DPH certifying that the CNA may work pending the action. The CNA was taken off the schedule without pay until written documentation is received authorizing her to work. Her lawyer may be able to assist in securing the needed information.
All staff were provided education regarding a resident’s right to be free from misappropriation and exploitation, and their responsibility to notify their employer about any possible change in their license or certification status.
