To Sue - A Litigation and Eligibility to take the NCLEX-PN

U.S.A. California

Published

Help me please...

I am now a good candidate for taking the NCLEX-PN and already have my own Authorization To Test [ATT].

Now what's happening in my workplace--in Fresno area--is, the director as well as the nurse was attacked me with a slander, verbal defamation then asked me to sign a warning paper. Of course I refused to sign that libel.

Unfortunately, the administration just fired me for something I didn't do, believe it or not. To keep silent will only worsening my reputation and giving them approval that their attitude was not wrong to me.

My big concern now is, if I file a lawsuit to sue the facility today, is this gonna cancel my way to take the NCLEX-PN test next month?

The worst scenario: In case I failed to pass my very first NCLEX test [hopefully not failed] next month, will the Board cancelled my existing eligibility to take the same test just because of my brand new litigation?...and I will no longer considered as a candidate for the same test until I finish all of my lawsuit?

Any useful information and experiences would be greatly appreciated.

Best Regards,

TheV, the pre-plaintiff.

Fresno

California

Specializes in Public Health, DEI.

Where I work, when you are asked to sign a warning, what you are signing to is that you've received the warning and understand whatever steps are meant to be taken to correct whatever the problem may have been. You are not signing that you agree with the warning, and you can add your own narrative to the document, giving your side of the story. Therefore, where I work- and I do understand that not every place does things the same way- refusal to sign the warning can be a termination offense.

You'll need an attorney to file a lawsuit, anyway, won't you? I think I'd ask your question to him/her. You're likely to get differing responses here and I wonder if any of us could speak with certainity. My answer is simply that I wouldn't think it should affect your testing, but I really don't know.

Thank you for your advice.

By the way, in my case even worst here. When I was working, the director angrily called me and made some slander statements, which I can proof along with some witnesses to be 100% wrong. Finally, after the 5 minutes 'preaching' she suddenly asked me to clock off and sent me home. I was fired! What a sudden death for me!

A couple hours later, however, I try to call her for some clarification. "I will call you" was the only reply of her.

But the next day I came to her office much earlier in the morning. Since the dismissal letter was not made for me yet, I used to agree with her compromising for me to come back to work again. But a couple minutes later she asked me to sign a warning. But I totally refused to sign the false statements on the warning paper. And I have some co-workers as well as some other witnesses to proof that I just doing fine.

So, because the administration already attacked me with some dangerous libel statements in the name of "warning Paper", I chose to do a walked out.

This is the point when my case become more and more complicated.

TheV, The pre-plaintiff.

Fresno

California

Specializes in Nephrology, Cardiology, ER, ICU.

I am so sorry for your situation. However, posting in public may not be in your best interest. Please obtain legal counsel - good luck.

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