The nurse, Anne Marshall, RN, was able to secure unemployment benefits after Administrative Law Judge Michael Affleck, with the New York State Unemployment Insurance Appeal Board, found her actions did not “rise to the level of misconduct,” according to the article.
“The credible evidence establishes that the claimant was fired for a violation of the blood transfusion policy. While on Sept. 11, 2016, the claimant did not follow the written protocol, she followed the established, known and accepted practice of blood transfusions. The claimant’s behavior on Sept. 11, 2016, was within the bounds of medical practice for this employer,” Judge Affleck wrote, according to the report.
The judge’s decision comes as the National Labor Relations Board is investigating why Ms. Marshall and another intensive care nurse, Loran Lamb, RN, were fired for violating blood transfusion policy, according to the report. The nurses, the report states, contend the firings had something to do with their union membership.
A National Labor Relations Board hearing regarding the case began last month and is slated to continue Feb. 27, according to the report.
In response to the judge’s decision, CMC said it was unable to participate in the unemployment hearing on the date scheduled and disagrees with the ruling.
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