A male resident reported that an aide used his cell phone charger to charge her phone, and afterward it was missing. He believes she took it. The HR director called the aide and told her she was being suspended pending the outcome of the investigation. The next day the resident filled out a grievance form, stating he was verbally abused and threatened. He reported he was at the snack machine when the same aide “got in his face” and said he was accusing her of stealing. Several other aides pulled her away. The aide told the resident she can go into his room whenever she wants. He reported that he felt threatened.
According to the updated code of federal regulations, exploitation means taking advantage of a resident for personal gain through the use of manipulation, intimidation, threats, or coercion. Using resident property in any form and threatening a resident meets the definition of exploitation. In this case using a resident’s cell phone charger, then threatening the resident, creates a reportable situation. These types of situations may result in termination. It is important to remember: even if a resident encourages staff to use something, borrow something, or gives the staff something, these acts place the staff member at risk of being charged with exploitation, and may result in job loss. Should you find yourself in this type of situation, report it immediately to your supervisor.
I. Risk Exposure: A male resident reported that an aide used his cell phone charger to charge her phone, and he believes she took it. The HR director called the aide and told her she is suspended pending the outcome of the investigation. The next day the resident filled out a grievance form, stating he was verbally abused and threatened. He reported he was at the snack machine when the same aide “got in his face” and said he was accusing her of stealing. Several other aides pulled her away. The aide told the resident she can go into his room when she wants to. He felt threatened.
II. Potential Reason: The aide appears to have intentionally come into the building to intimidate the resident, even after being suspended.
III. Mitigation Strategy: The aide was suspended, and based on her aggressive actions, the decision was made to begin the pre-termination check list. If she enters the building, she will be arrested. Statements will be obtained from the other staff. Residents will be interviewed to see if they have any problems with any staff members. A new phone charger will be purchased for the resident.
IV. Potential F-Tags:
- F224- Staff Treatment of Residents
