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I work in assisted living and I was terminated because they said I "lied" to the state surveyor. State surveyor came in and surveyed the building. Nursing got a teeny tiny tag for not having followed through on pharmacy reviews. A pharmacist comes to the facility every 3 months and goes through the resident charts to check medications. They leave recommendations that have to be signed by the resident's physicians saying whether or not they agree or disagree with the pharmacist's recommendations. Prior to my employment these reviews were not being done, which is how we got a tag. Once the surveyor left, 4 days later, we had another pharmacy review and I said I would own them and put together a plan so they would be done correctly. So I put together a process and met with my floor nurses and explained exactly what they needed to do. This all occurred in March. In May, the surveyor came back to follow up. She asked me if we had had another pharmacy review since her exit in March. She said if not then we are off the hook by default. I was so happy because I thought, no we haven't. Well, a week later I was called into my boss' office and he asked me why I had told the surveyor we didn't have one. I was kind of caught off guard and wondered why he was asking me this. Then he said we had had one. I guess I had made a mistake not realizing that she exited and then 4 days later we had a review. I mean almost 2 months went by. If the surveyor had asked me when was your last pharmacy review I would have had to go and look.
In addition, the majority of the reviews were complete, but some had gotten lost behind the fax machine and some of the physicians hadn't signed and returned them.
There is no time frame given to have them done. There isn't a policy in place other than the one I created. In the past (at my past jobs) we just had to have them completed by the next pharmacy review date.
So I was suspended and then terminated.
Any advice or suggestions for my appeal? Unemployment denied me benefits the first round
One-time, unintentional mistake/oversight/misunderstanding is not misconduct. Denial at this level is common in every state. In CA, you would win. Kansas is more difficult. You will need to be very clear on the sequence of events and terminology - I found your post difficult to follow.
Please post the exact language denying your benefits. There may be holes in the state's assumptions.
For now, request the appeal by saying "I disagree with this decision. I request an Appeal Hearing." You don't need to provide any 'reason.'
The following is what the determination letter says:
Findings: Claimant was discharged for failure to follow company procedures. Misconduct is a violation of a duty or obligation reasonably owed the employer. Claimant was discharged for misconduct connected with work.
So, yeah, they think I was dishonest and lied to a state surveyor, but what I did wasn't intentional and it wasn't a lie. I was off on a date. It was a one time mistake.
There is nothing negative in my file. I was never warned of anything previously. This industry is my passion and I plan to be in it for the rest of my life. I would never and will never lie about anything regarding my job, involving my nursing license, or anything so petty as this would have been to lie about.
Findings: Claimant was discharged for failure to follow company procedures. Misconduct is a violation of a duty or obligation reasonably owed the employer. Claimant was discharged for misconduct connected with work.
So, yeah, they think I was dishonest and lied to a state surveyor, but what I did wasn't intentional and it wasn't a lie. I was off on a date. It was a one time mistake.
You can't assume that EDD believed anything. That is a terribly lazy determination. Note what it says. If it were a good one, it would say exactly what you did, but it doesn't. It doesn't even cite the relevant company policy.
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