Employment offer rescinded d/t Methadone for pain

Nurses Disabilities

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I live in WA state. I applied and was offered a job as an surgical RN, am more than qualified. I took the pre employment drug screen and listed the Methadone (5mg/day) on the list of medications, very low dose BTW. When the screen came back, the employer called to tell me I "unfortunately" could not be hired at this time because of the methadone. I since supplied the employer with a letter from my Dr. stating that the "Methadone does not affect my ability to perform complex mental tasks". After I faxed this letter I still have not heard anything from them. I feel totally discriminated against, not to mention I have never had to deal with this before and it is a total blow to my ego. Is it even legal what they are doing? I gave my notice at my other job, now I'm really screwed!

Any advice is greatly appreciated!

Totally depressed...

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

I am sorry you are experiencing this......technically they aren't supposed to discriminate against a disability. Is difficult to prove. I would keep the denial letter that states it is due to the methadone and contact a lawyer and see if what they did was legal. My experience has been hospitals are pretty good at barely staying within the letter of the law. Tell your present employer that you changed your mind realizing how much you would miss your present position. Good Luck.

Thank you so much for your reply. I think you are right about hospitals playing it safe, when I mentioned to her that it sounded like discrimination she sounded appalled that I would say that. Unfortunately, I'm not sure I have the fight in me. Even if they were to hire me at this point I'm worried I'll be a target, and not really appreciated. They were so impressed with my resume and gracious after the interview, until this.

Thanks again,

Nursenicke

I'm so sorry to hear about that. I have LUPUS and several other autoimmune diseases and go to pain management. If I wasn't on the meds I'm on for my chronic debilitating joint and muscle pain, then I wouldn't be able to get out of bed! I'm currently looking for an

easier, less physical job and I'm

afraid my meds are going to be a problem when getting hired. Although, from what I understand,

that is illegal employers can always

barely stay within the letter of the

law like Esme12 mentioned. If they

hadn't already given you the job

and just told you they had moved

on to other applicants, then I would

say you wouldn't have a case. But

since you were offered the job then

it was rescended, I would say you have a legal case against the company. It wouldn't be a "fight" to get the job since you're right, you would be zeroed in on there & it wouldn't be a pleasant work environment. It would probably just be a descrimnation law suit. If I was you, I wouldn't go that route yet. I wouldn't lawyer up unless you were denied a job from more than one organization for the same reason.

I have turned in my notice before at my place of employment and was able to rescend it and they were more than happy that I decided to stay. I hope that could be the case for you.

With you just being on methadone for pain and being denied a job, my hopes for my own relocation are slim. :-( I'm on Oxycontin for daily chronic pain, Roxicodone for breakthrough pain, and Adderall for energy. This is what I have to take in order to just feel somewhat normal again. I have NO impairments from the medicine, just as you do not from the Methadone.

Keep us posted on your job search and know that you have other nurses here that are here to support you. Good Luck, Elizabeth

Thank you Elizabeth, it is nice to know I'm not alone. It made me feel like they though I was some sort of a junky that can't be trusted...they supposedly submitted my information to the administrator for review so I'm in limbo. I think they are treading lightly because I mentioned discrimination. Thanks for your support.

I'm glad they decided to "review" your case but please be forewarned that they may try hard to get you to quit or find anything possible to write you up for if you do get hired. Since becoming ill, I've never been so scrutinized in my life. I was written up just last week for "disrupting the unit!" All I had been doing was speaking with other co-workers and my Charge nurse about how quality of care is being effected due to their choice of unequal staffing and patient assignments. That is just one of many instances that my work has done to me since becoming ill. They used to refer to me as a very valuable asset and one of the top nurses at the facility, now I'm a "disturbance." Were you able to speak to your current employer and ask them about rescending your resignation?I wish you the best, Elizabeth

Specializes in CRNA, Finally retired.

Why are you on methadone? If it for pain management then you probably shouldn't be working on a surgical unit. If you take as addictions treatment, then you should be narcotic free before working...especially on surgical unit. If dose is so small just get off of it. If you can't pass a drug test, employers will be reluctant to hire you, especially with a nurse glut.

Specializes in FNP, ONP.

I wouldn't hire someone taking methadone either. I hope you improve enough to the point that you can be weaned off. good luck!

Specializes in Critical Care.

Legally employers are allowed to prohibit the use of certain medications, regardless of whether or not you have a valid prescription, and even when an MD clears you to work while taking the medication. Employers can't discriminate, although this just means they must make reasonable accommodations, which doesn't automatically include allowing employees to take certain medications that the employer feels may affect job performance and safety. The current precedent came about as a result of Dura automotive vs. EEOC, which resulted in the EEOC changing their definition of "disabled", which might change how the ADA is applied in some jobs, although it's unlikely to affect jobs that are considered "safety sensitive" such as direct care Nursing.

You are right about the review, they are treading lightly due to your use of the word "discrimination". I would consult with an employment attorney sooner, rather than later. Good luck.

Specializes in Pedi.

I know that my former hospital had a blanket policy that you could not work while taking narcotics. It didn't matter why you were on them.

5mg a day is Nothing! Wow, to not hire someone for 5mg/day is absurd, especially because it is prescribed. Wow is all I can say.

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