BRN investigations and future emloyment

  1. Hi,

    I am a 4th year nurse with a bit of a problem. I had a charting error which involved pulling and subsequently charting the administration of a narcotic on the wrong pt. Because of this I was terminated for "falsification of documents" and according to my then employer would be reported to the BRN due to concerns of narcotics abuse. I offered MULTIPLE times to submit to drug testing, even random if desired, but was never given the opportunity to prove my employer wrong or myself innocent. Since then I have since gained a per diem position (which required drug testing, which I obviously passed) and was offered another position at a facility which is in the process of opening soon. Now I have discovered one of my ex-coworkers who is also going to this new facility in a managerial position has discussed my situation with my soon-to-be new manager and it is questionable if I will be allowed to begin my employment with them at this point in time.
    I have had no cooperation from my previous facility in grieving this event (HR will not return my union rep's calls to set up a grievance date), and as of yet I have not heard anything from the BRN after several attempts to obtain information regarding any complaints which may have been filed (it's been over 2 months now since my termination). I have been truthful in the application process to the new facility, however they have never questioned the circumstances of my leaving my old facility and since I am uncertain where I stand in my grievance, or with the BRN, I have not felt the need to volunteer information which I am uncertain of which could impeed my future employment opportunities.
    Does anybody have any experience in this situation or have any advice?
    I have kept thorough documentation of all events that have transpired and spoken with a couple of attorneys. Unfortunately since it is a union facility I have to "exhaust" all of my union resources first and since CA is an "at-will" state, I have no recourse for a wrongful termination suit.
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  2. 18 Comments

  3. by   time4meRN
    First advice would be to get an attorney. Dont't call HR, BON or anyone else until you speak with one. Good luck, dealing with "big brother " can really stink some times.
  4. by   teeituptom
    Get a lawyer
  5. by   TazziRN
    Nobody read the part where she said she has contacted attornies but has to exhaust all union routes first?

    My advice: sit back and let the union handle it, that's what you paid your dues for. The BON will contact you if the facility truly did report you, and all you can do is wait. Until then, say nothing to anyone. If asked by a prospective employer why you left, the truthful answer is "Med/charting error." Be up front but don't volunteer the info.
  6. by   925_ER_RN
    Unfortunately the union is a bit tied up with the impending strike and I am getting little or no help from them at this point
  7. by   teeituptom
    Quote from 925_ER_RN
    Unfortunately the union is a bit tied up with the impending strike and I am getting little or no help from them at this point
    Thats the trouble with unions , they are not cocncerned in helping individuals at all
  8. by   TazziRN
    I still say don't do anything until and unless the BON contacts you. If this was reported they will investigate. If they can find nothing to indicate diversion, you have nothing to worry about.
  9. by   time4meRN
    I'm not talking about suit on wrongful termination. It sound like to me this nurse needs to be worried about prosecution and loss of nursing license at this point. I think if it's gone this far there are more things to worry about than the loss of a job. I wouldn't talk to union , or anyone until I talked it over with a lawyer first. Worry about law suits later.
  10. by   925_ER_RN
    I have spoken with several attorneys regarding this situation and they have all said that until there is any action by the BRN there is nothing they can do. It is not getting my job back that I desire at this point as I have been a very active and exemplary employee with an unblemished employment history at this facility, and for them to treat me in such a manner is unacceptable to me. It bothers me however that this ex-coworker, who was not in a management position at my old facility is talking to the new facility about my situation. Orientation is starting on Monday and I have just now been notified that I may not be able to start because of this.
  11. by   bill4745
    It bothers me however that this ex-coworker, who was not in a management position at my old facility is talking to the new facility about my situation.
    You might consider talking to an attorney about this-this sounds like a privacy issue.
  12. by   925_ER_RN
    I have spoken with an attorney in regards to any acts of slander which is apparently very hard to prove. Thanks for the input.
  13. by   nancykday
    now i have discovered one of my ex-coworkers who is also going to this new facility in a managerial position has discussed my situation with my soon-to-be new manager and it is questionable if i will be allowed to begin my employment with them at this point in time.

    this former co worker is passinf hearsay there has been no action by he brn and until you have a hearing, you are innocent. there could be a slander suit against your former co worker. my observations over the years is that management terminates and employee and threatens to report said employee to the state board and fails to follow through. in not reporting the employee, management hopes that the terminated individual will be happy with no board action and crawl away and not fight the termination.

    (hr will not return my union rep's calls to set up a grievance date

    this is a unfair labor board charge against the employer if they fail to set up a grievance for termination without just cause. if you local is willing to accept this treatment d/t contract negotiations, you need to contact your regional / state union and file a inadequate representation charge against you local.
    good luck to you, i can only imagine how disrupptive and stressful this must be for you. my thoughts are with you in this difficult time.
  14. by   925_ER_RN
    Thank you very much for the info. I have to say I am not very union savy and like I posted earlier, I have not gotten very much help from my union on this matter. I am not requesting my position to be reinstated, but rather my termination be reclassified as a resignation with appropriate severence pay, and a written statement stating that any allegations/concerns of wrong-doing on my part were unfounded.

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