Can nurse who was framed for missing narcotics be fired?

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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can facility fire nurse automatically because someone stole a full card of controlled medications/narcotics from the station while the nurse was busy and was distracted, as if they set him up?

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Specializes in Tele, ICU, Staff Development.

The short answer is yes, especially if they work under an at-will employment agreement.

Employment laws vary by state. Some states have more robust employee protections, requiring just cause for termination. In contrast, others follow at-will employment laws, which allow termination for any reason that is not illegal (e.g., discriminatory reasons).

In at-will employment agreements, employees can be terminated at any time, although employers should follow their policies regarding discipline and termination.

If the nurse works under a contract, they may have some protection and should contact their union steward. At the least, procedures must be followed before termination can occur.

So, the long answer is that the specifics of employment law, workplace policies, and the circumstances surrounding the incident would determine whether a nurse can be automatically fired under such conditions.

Here are some general points to consider:

  • Workplace policies. Many healthcare facilities have strict policies regarding the handling and security of controlled substances. If a nurse is found to have violated these policies, even unintentionally, it could be grounds for disciplinary action, including termination.
  • Investigation. Before any termination, a thorough investigation should typically be conducted to determine the facts of the situation. If the investigation reveals that the nurse was negligent or failed to follow proper procedures, this might justify termination.
  • Set-up claims. If the nurse believes they were set up or that there are extenuating circumstances, they should present this information during the investigation. Facilities generally have processes for employees to appeal disciplinary actions or present mitigating evidence.

Given the complexity of such situations, the nurse should seek legal advice or consult with a representative (such as a union representative) to understand their rights and the appropriate steps to take.

Best wishes,

Nurse Beth

 

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