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Today I discovered an employee at the nursing home had posted a Google review with verbiage I know came from my Mom? Mom says she gave another employee the words? Mom doesn't appear to understand that information was to be posted publicly. I find this situation to be disingenuous, am I being overactive? Just feel that I should be the advocate for my Mom, not an employee from the nursing home.

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The employee has breached the confidentiality rules at the very least, posting the words from a vulnerable adult on social media, let alone a client that could give their own permission.

It is not okay.

1. Confront the person in writing, or in person. Make sure they understand and delete the concerning review. Mention they could lose their job.
2. Contact the NH Ombudsman for instructions.

If you allow this to get a pass, next they may be posting photos of your loved ones publicly.

If you want to experience over-reacting, it would look like this:
You write your own review replying to the post they put up in error.
You say, whatever you want, and state they did not have permission to use your mother's words. A breach of confidentiality. Use the employees name and photo.

You are not over-reacting, imo.

I advocate for privacy of our loved ones.
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Cover99 Nov 2021
Some of these companies write in the contract permission to use the likeness in advertising
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Thank you! I have sent an email to the employee with a file showing her post on Google asking if those words were from my Mom. I have repeatedly told Mom not to allow this but they bring her food and I am not allowed more than a 30 minute visit where staff has no problem interrupting. I will contact Ombudsman on Monday. There have also been pictures of my Mom with various staff faces side by side taken. I've only seen hard copy prints so I can't confirm they've been shared but feel it is so wrong!
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What does the contract say? There may be a part about using words and photos for advertising purposes; some rehabs do this when they want to show the results of the work they have done for residents.
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zmchipmunk21 Nov 2021
I would honestly need to pull the contract from 2014 out to answer. The facility has gone thru several ownership changes over the last 7 years so I'm not sure if the original contract is valid. Mom says she gave the verbiage to another employee (not the one who posted). She's upset it was used by the poster as that wasn't the use she interpreted by the second employee. I dont believe Mom fully understands when they ask her these things? The law however allows these type of manipulations, but that is only my personal opinion. I want Mom to express her opinion! However, I dont think the company should be using Mom's words under an employee's name. Seems like an overstep to me.
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Just to be clear, this was a review of the nursing home quoting your mother's opinions of the nursing home, yes?

Unless you feel that the NH has misrepresented your mother's views in some way, for example by being highly selective or rephrasing her words so as to give a skewed impression, then no I don't see a problem. They haven't named or otherwise identified her, I take it? - no breach of confidentiality there, then. They asked her opinion, she gave it, as long as they are stating accurately what she said (and if you recognised her style instantly it sounds as if they quoted her verbatim) then why shouldn't they repeat her remarks?

I'm not sure what you mean by disingenuous.

And they are certainly correct to ask your mother for her own opinions and encourage her to express herself. What harm do you feel this might result in?
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zmchipmunk21 Nov 2021
Thank you! I do encourage Mom to express her opinion! The issue I personally am facing is that her opinion should be expressed by herself or by me as an her advocate....not by an employee of the facility in order to bolster 'higher reviews'? As I look over the numerous reviews for the facility, a large portion of 5 stars reviews are from current or past employees. Most are not identifying as employees, that is upsetting to me as it gives the appearance the facility is better than I feel it is. It seems disingenuous for an employee to post words from a resident.
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Look. They can't name the resident, that would be a breach of confidentiality. So the employee probably completes a questionnaire with a resident, and posts his or her comments under the employee's name (if I were doing this, with my marketing hat on, I'd also post with a job title and probably something like p.p. current resident, Acme Retirement). I'd be surprised if they didn't have formal permission to use her comments, but then again if they told her it was going on Google would that necessarily mean anything to her? Is she a silver surfer?

If you're really concerned that they're cherry-picking results from routine satisfaction surveys, feel free to ask how they obtain feedback from residents and what they do with the information. A good facility should be happy to explain.

We have a Quality Control lady who rings round our clients and interrogates them about what we workers are up to. One client actually complained to us about it and said she didn't like being used as an informant! I've no idea what the QC lady does with the feedback, but I'm sure our Manager would love to include some of it in marketing material or inspection reports.
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zmchipmunk21 Nov 2021
Thanks for your input. I personally do not appreciate the use of the elderly for gain. I have respect for what they have endured over their lifetime and do not believe we should use them to 'pump up' reviews. That is only my personal opinion and I respect yours in whatever your situation may be. I could not personally do this sort of thing.
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Employees of managed care facilities should NOT be taking GIFTS of ANY kind from residents or their families. Period. Not earrings, jewelry, money, not one single thing. Since you say your mother "(who btw Mom had given a ring and earrings to..not expensive but none the less)....." this is an offense that should be reported to the administrator of the facility along with the Google review this employee wrote 'on behalf of your mother.' Two inappropriate offenses that need to be reported so disciplinary action can be taken.
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zmchipmunk21 Nov 2021
How do I do that without upsetting Mom? I've admittedly been very 'look the other way' when I discovered these situations occurred. Mom is very 'food satisfied' by this employee. This employee continues to bring Mom food so Mom loves her! The administrator of the facility is absolutely useless in my opinion. I'm concerned about moving Mom, I did broach the subject with her this week but she seems terrified to move. It's really hard to make the decision to upset Mom, or get her to a place where she's not manipulated.
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I had to scratch out and write in that the facility could NOT use my dads picture, videos or words for any purpose, including marketing.

I bet her contract addresses this very issue.

If she did not use your mom's name for the review, you can't prove these are mom's words and it would be a futile battle.

If she is treating your mom good and making her feel special, you should choose your battles carefully. You wouldn't want to get her fired or transferred from your moms care and end up with some nappy Bitty.

Remove any valuable items and post your own review.
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zmchipmunk21 Nov 2021
I must admit the contract is 6+ years old. A lot of things I didnt consider when I thought Mom may be able to come home. The employee did not use my Moms name. The only reason I can identify it was mons words is because I know of the employee....does that make it ethical? I'm just a little disheartened that this is what caring for our elders has come to and it seems to be ok. I cannot begin to imagine what my generation will be subject to and how we may be treated.
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If it were me, I wouldn't rock the boat while your mother is there. I'd rather focus on her having great care and attention rather than spending time on investigating this or trying to get others in trouble. To me, it's just not worth it - especially since you said that your mom loves the care that one of the staff is providing to her and extending more food choices. I'd just be grateful for that.

In the interim, if you feel there are better facilities, then I think a better use of time is looking into that.
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zmchipmunk21 Nov 2021
Thanks so much! I've really struggled over the last 7 years defining where the line is. There has always been the issue of 'rocking the boat' because I am no longer permitted to bring her 'home cooked food' or enter the facility...due to covid-19, where as employees are allowed to do that? Her actual care is only so-so. She has stated her meds are repeatedly wrong. In the past I've listened to her complaints and then her wishes that I not rock the boat. I'm concerned for her well being at this point.
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If she didn't identify Mom by name or picture and just posted an anonymous quote I don't see the problem.

For what it's worth, most businesses have employees put up fake review scores to boost their numbers. Don't believe anything from anonymous review sites.
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zmchipmunk21 Nov 2021
Thanks for your response! I know a lot of employees and companies do this. Guess my reluctance is to protect the elderly who may not understand that 80/90 yr old are not adept as others who can look at what is posted and ignore. It's not ok by me...but maybe I'm an old soul. God help this world.
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