drug screen refusal after longterm employment

  1. i recently refused a random drug screen. i had been employed there for over five years, was well liked by everyone; the precipitating events that led to the suspicious behavior were extreme stress, lack of sleep, and what i would call harrassment from the manager. the complaints against me were aleged slurred speech, excessive tiredness. it all started with worry and stress and worry over things at home i.e.money, and marital difficulties, ; i felt alone and unsupported; then my work suffered which led to a period of performance evaluation and i was set up to fail. i was told i had to change my ways, habits that were no problem for the previous 5 years, but suddenly became an issue. mind you, my patients ALWAYS came first, and i never caused any harm or had complaints from them or their family members, and was considered a valuable resource to co-workers due to my years of experience. MYH QUESTION/ problem, they reported me to the mbon and now i have an "appointment" with them, prior to this appt. i have to go and have a drug and alcohol evaluation, and then they will decide if i have to have rehab. or not. i am so mad i could scream! there is no drug or alcohol problem, and certainly no blatant acts of diversion or whatever term they use for stealing drugs. SO, DOES ANYONE know what happens now and what recourse do i have? OH yes i knew this would be grounds for my immediate termination, so basically i quit, just walked away. This whole thing also happened on the day i told my immediate supervisor i had applied for other internal jobs for the second time in the six month time period this mess stretched over. There is a lot more commentary that i could add, but for the purpose of this post, i want to know if anyone has any insight on how to handle this problem? I already have another job and i am extremely happy, don't know why i put up with the b.s. for so long. ANYWAY, thank you in advance........
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  2. 7 Comments

  3. by   NRSKarenRN
    If you have malpractice insurance, immediately contact your carrier for attorny representation. If no malpractice, then consult an attorney PRONTO to protect your rights.

    Your new job may be in jeapordy if your found to have problem (where true or not) and could lead to license being disciplined. Protect thyself as others on this board have found out the hard way.
  4. by   baltimorern
    could you elaborate on your reply please? i am becoming more distraught, you are talking about lawyers etc. , do i really have to fight something there is no proof of? haow can someone be railroaded like this? what kind of lawyer do i contact?
  5. by   DutchgirlRN
    It would probably piss me off, more hurt really, to be asked but I would comply. Negative results makes them look like the fool, not me. I believe when I have started a new job I have signed to agree to random drug tests. I think employers should have that right considering the responsibilities we have for pt's lives.

    i recently refused a random drug screen. i had been employed there for over five years, was well liked by everyone; the precipitating events that led to the suspicious behavior were extreme stress, lack of sleep, and what i would call harrassment from the manager. the complaints against me were aleged slurred speech, excessive tiredness. it all started with worry and stress and worry over things at home i.e.money, and marital difficulties, ; i felt alone and unsupported; then my work suffered which led to a period of performance evaluation and i was set up to fail. i was told i had to change my ways. in the six month time period this mess stretched over.
    Being liked by co-workers has nothing to do with it, nor do personal problems and you say they put up with your behaviors for a 6 months period, I doubt this was a snap decision on their part and had nothing to do with you trying to transfer internally. You should have confided in your manager when your work started to suffer, you were not set up to fail by your employer. You are responsible for your work record and to seek help with personal problems when they begin to interfere with your ability to work. I don't know what a lawyer could do for you since you refused a drug screen.

    I don't intend to come off as mean or accusatory but you acted irresponsibly in response to a request for a drug screen, not only by refusing but by walking off the job. What other conclusion could one resonably come to? Unfortunately you'll have to live with the consequences. You should tell your current employer as they are bound to be contacted by the BON. Wouldn't you rather they heard it from you?
    Last edit by DutchgirlRN on Dec 29, '06
  6. by   Kymmi
    I would think that if you were reported to the BON and they are the ones asking for the drug test then you'd have to take it....I think you can refuse a drug test from the employer however that would be grounds for termination. I guess what I dont understand is why not just take the drug test if there is no cause for concern then I think that'd be simplier than trying to fight not taking it thru a attorney.
  7. by   TheCommuter
    I am going to be austerely blunt with you. This whole mess could have been avoided if you had simply complied by taking the random drug test required by your workplace. I know it is offensive to be told by your boss that you must submit to a drug screen.

    However, your actions raised the brow of suspicion. A nurse who has nothing to hide will take the drug screen because she knows it will likely turn up negative results. Negative results, in turn, would have made your boss look horrendously foolish.

    A nurse who is attempting to hide something will refuse the drug screen and quit her job without notice. It is generally assumed that guilty people run away. I know you are not abusing substances, but your actions made it appear as if you were an impaired nurse with something to hide.
  8. by   Lacie
    I agree you should have taken the drug screen but also keep in mind even if the screen was negative they can and most likely would still submit the info to the BON. Impairment can be attributed to many things and not just drug/Etoh abuse. It can be lack of sleep, personal worry, etc. I passed my drug screen yet was still reported allegedly "impaired". Yes I was working 70 hours a week secondary to short staffing. My best advice is as another poster mentioned. If you have professional liability insurance call them. They usually will cover up to $20,000 of your legal bills. Also find an attorney experienced in Administrative law that has dealt with your state BON and ask them what thier success rate is. Please by no means speak to the bon or sign anything without an attorney. They will pretend to be all nicey nice and say they are your friend. THEY ARE NOT YOUR FRIEND!! Do not give any statement over the phone or in person... Please seek the advice of an experienced attorney before you open your mouth to anyone about anything! I am sending you a link to another site that also may be beneficial as most of the posters there have or are currently experiencing what you are now.
  9. by   caroladybelle
    Quote from TheCommuter
    I am going to be austerely blunt with you. This whole mess could have been avoided if you had simply complied by taking the random drug test required by your workplace. I know it is offensive to be told by your boss that you must submit to a drug screen.

    However, your actions raised the brow of suspicion. A nurse who has nothing to hide will take the drug screen because she knows it will likely turn up negative results. Negative results, in turn, would have made your boss look horrendously foolish.

    A nurse who is attempting to hide something will refuse the drug screen and quit her job without notice. It is generally assumed that guilty people run away. I know you are not abusing substances, but your actions made it appear as if you were an impaired nurse with something to hide.
    Agree with this.

    If random drug screens are part of the work environment, you need to expect to have to comply or not take the job.

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