Charged with gross negligence and incompetency

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Dear Nurse Beth,

An ex-employer of 6 months ago filed claims with the BRN for unprofessional behavior, gross negligence and or incompetency with work related items. I left on my own free will, same day and in person before my shift started. At my time of leaving I had 0 reprimands in my file never written up or counseled formally. I complained to HR at the end of my employment. This seems to be retaliation. What can they possibly have found after I left?

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Career Columnist / Author

Nurse Beth, MSN

157 Articles; 3,316 Posts

Specializes in Tele, ICU, Staff Development.

Dear Retaliation,

If you left your previous employer on your own accord and had no prior reprimands or formal counseling, it does seem unusual for them to file claims of unprofessional behavior, gross negligence, or incompetency after you've left.

Without specific information about the nature of these claims, it is difficult to determine precisely what they might be referring to.

These claims may be retaliation for your complaint to HR at the end of your employment. Retaliation can take various forms, and it's essential to consider the timing and circumstances surrounding the claims.

It's worth noting that the burden of proof lies with your ex-employer to substantiate these claims, especially if they are made after your departure.

If you have concerns about the validity of the claims and believe they are retaliatory, you may want to consider taking the following steps:

Review your employment records. Gather any documentation related to your employment, including performance evaluations, commendations, and any relevant correspondence, which can support your position that there were no issues with your professional conduct or competence during your time with the company.

Consult with a legal professional. Consider seeking advice from an attorney who has experience with the BRN. The BRN is not your friend, and you need a knowledgeable advocate.

Contact the American Association of Nurse Attorneys. A specialized attorney in your state can help you understand your rights, assess the strength of your case, and provide you with the best course of action.

Respond to the claims. If you receive official communication regarding the claims, consult your legal counsel to determine the appropriate response. It may involve providing evidence to refute the allegations or presenting your story.

Cooperate with the Board of Registered Nursing (BRN). If the claims have been filed with the BRN, it is important to cooperate with their investigation. Provide any necessary documentation or information the BRN requests promptly and follow their guidance.

Remember, this is general guidance, and please consult with a legal professional who can provide personalized advice based on the specific details of your situation.

Best wishes,

Nurse Beth

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