After the completion of my shift I was escorted by the house supervisor to another floor where a woman, hospital security, and house soup for the next shift waiting for me. I was told on the way there that several reports was made about me "acting more nervous than normal" and "uncontrolled twitching", so I was asked to give a urine sample. The testing company lady asked what medications I took and wrote those on her paper, added a substance to the toilet water and accompanied me in the bathroom for me to give my specimen. I was contacted by my superior stating I was suspended until the results came back. I called HR the 2nd full day after and inquired about the tests and was informed there was not anything under my name at that time. I emailed my superior again and was told HR would be the ones contacting me when the test came back. I also emailed HR just trying to find out what the time frame was for this, and if I needed to be doing something in the meantime, I was finally told by HR the test results can take anywhere from 3-5 days. I was called at almost 5 one afternoon with a message left to call back and nothing else. The next day I received an email and phone call that they wanted to meet with me. I was escorted to another office where my superior and another in a management position told me my test results came back positive. I was told my test showed methadone and benzo. I asked if the test could be reran, take another test, hair follicle test and/or polygraph and was told no. I was given information on TPAPN, a copy of the signed termination papers, and handed over my badge. I told them that I have never taken any of those drugs and told that "that's not what the test shows." I was informed I would be reported to the board and my best bet was to self enroll in TPAP. They stated they was going through my charting as well and my medication charting was "sloppy", which I'm not quiet sure how to take. I have since emailed and requested a copy of the reported drug test results and have not heard anything back yet. The MRO never contacted me during this process (after much googling I'm not 100% on the process) I take benadryl, nexium, sleep aid, tylenol, ibuprofen, and or tylenol. I'm not sure on my course of action at this point. On the way home I bought an at home test from CVS and took that test in front of my husband (I know this will not help my case at all at this point but I needed to know) that test was negative. I plan on getting my own hair follicle test on Tuesday at a DOT facility, I'm sending another email for a request in writing for another test to be ran on my sample I gave. I did sign the hospital consent and the paper from the testing company although I did not initial or sign anything after the sticker was placed on top of the specimen cup. I'm so furious at the whole process of this and feel like a dog chasing it's tail because I don't know what else to do. Has this happened to anyone else? I'm going through this tunnel just trying to locate the light at the end.
it almost seems "d*** if you do, d*** if you don't, I really would like to find a way to speak out, but not commit career suicide in the process. I get a lot of those change.org petitions in my email, do those work? or can they? I would do one if I thought it would actually accomplish something. Everyone, in every walk of life can be affected and devastated, something needs to happen!! Open to any ideas, somehow, someway I will be using my "voice". Maybe, just maybe, it can at least start something, or it could be that I have watched too many "the wrongs will be righted" movies..
I too want to try to find ways to protect nurses better. I'm still trying to figure out how myself...I KNOW other nurses feel the same. Have to think on this. Don't know about change.org and if this could be a good route. I'll look into this as well.
Hoping my case is "open, shut" with sending response to BON along with lab confirmation, chain of custody, and results. Not only going through the waiting game with them, the Work Force Commission has joined in the relay race. I also haven't had much success with an attorney, since I'm in an at-will state. I'm so frustrated in all of this. How is it ok for the testing company to be able to handle things so causally, when the results can destroy someone?
There is a lot about this kind of thing out there, most of it geared towards physicians that have had their careers ruined or stunted because of medical licensing boards. There is a bit of change going on in MI and NC in regards to this. I realize you aren't in monitoring, but some of us have wondered the same things you are wondering right now.
You can also contact your state nurse association and representatives at the state level. You might be surprised with what you find.
I'm a kindred soul to your cause. If you want change, be it. There are like minds out there. The trick is finding enough of them.
Specializes in Surgical, Home Infusions, HVU, PCU, Neuro.
Kallie3006...what is the Workforce Commission ?
Unemployment agency here. Since I was terminated for a positive screen and that was a direct violation of the company's no tolerance policy, the hospital is disputing me being able to recieve unemployment benifits. It's already a long process filing for it, and them disputing is making it even longer and I fear my claim is going to be denied. If that happens I
have the option to leave it or persue via appeal, which draws it out any longer. This is my first time personally dealing with them and it's a process lol. ( I'm really trying to find some positive with this mess, some days are harder than others though :)
Unemployment agency here. Since I was terminated for a positive screen and that was a direct violation of the company's no tolerance policy, the hospital is disputing me being able to recieve unemployment benifits. It's already a long process filing for it, and them disputing is making it even longer and I fear my claim is going to be denied. If that happens I
have the option to leave it or persue via appeal, which draws it out any longer. This is my first time personally dealing with them and it's a process lol. ( I'm really trying to find some positive with this mess, some days are harder than others though :)
Thank you for answering. Is there some reason you are not looking for another nursing job now? If the BRN gets involved, it will be much harder to find work at that point. Even while employed, you do not have to disclose the issue until it reaches a certain point and that can take years or even months. If you wait until after the point where you are obligated to report this to prospective or even current employers, it will be very difficult to find employment. On the job application, you do not have to disclose the reason you left the position. There are tactful ways to get around that. Even if you decide to disclose the reason you left, there are good ways to present that as well...either way, better than waiting too long.
You have an excellent defense. You can diplomatically explain you were mistakenly accused and now have evidence to support your innocence.
Thank you! It's sad this is supposed to be one of the most trusted professions, something I used to be so proud to say I was a part of, just to find out first hand the stark reality of it all. When this all first started I told my husband it would all be ok, my test would come back and at most there may be some awkwardness on that floor, but it would pass. I wasn't mad per say because in the back of my mind I told myself this wasn't out of spite but rather concern for the patients, the team, and/or the integrity of the profession.
Now this whole process consumes me, I'm constantly trying to find any information I can in relation to this and my family calls it "my investigation." Besides busting my rear to get this degree, the faint glimmer that I may find a job where the trust and professional respect exists, and my children repeating " you can't say can't because can't never could." ( I knew something I've told them would bite me in the rear haha!
" I am only one; but still I am one. I cannot do everything, but I can still do something. I will not refuse to do something I can do."- Helen Keller
I would turn the names in to the Board of Nursing, write a letter, that is falsifying information. Bad practice by this supervisor. When this happened to me, I got my own urine test and it came back negative. I saved all paperwork and requested a copy of chain of custody. It turned out that the specimen was read the next morning rather than the time frame it was suppose to be read (I think about 5 minutes) and it is void if read after a certain time frame. I also copied the name of the lab company on the specimen cup in case there were inconsistencies with the company, maybe even having to get them involved. I did this without them knowing. I was able to keep my job (not like I wanted to work there), but I was also ready to file suit. That was my reputation. Their chain of custody was laughable.
Looking back I would have reported them to the BON for lying and bad practice. After all, they're still practicing while dealing with you.
Specializes in Surgical, Home Infusions, HVU, PCU, Neuro.
I tried to multiple quote so if its all out of wack or didn't work, Ill have to learn later!
JOBS- I've applied to multiple job postings, I have had some interviews but not one that has ended with a position being offered. The wonderful thing now is that the applications are now incorporating a "consent" to enable previous employers to disclose any information in relation to you, job performance, or anything that may be "helpful" to future employers. I haven't found a way around that yet. So after I first got terminated and had an interview I'm almost certain that contact happened but have no way of proving it. At that time even though I knew my innocence, I didn't have proof. I waited until the first weekish of August to get the hair follicle, because the growth rate is approximately 1/2 in a month, I needed to make sure my Ace in the whole accounted for the time frame that they had me tested otherwise it would have been a waste of money. I now have my proof, although it is not something I wish to advertise on an application, so when asked what my departure status was, I no longer have to "dance" around the question. I have 2 interviews next week so fingers crossed!
Who would you have reported to the BON? I haven't done any retaliative measures or made any contact with the hospital or testing lab. Since that can be construed by either facility, all of the questions I have will have to wait until the BON is finished. I've read that the board can take a while but I heard a lot quicker than I anticipated, so hopefully I have all I need to get this closed with them.
I don't know how to get the chain of custody for my urine sample, I wasn't even allowed to see the results. I have been trying to find information on reporting the testing company but am not quite sure how to approach the matter. I would also think that since the hospital allowed me to finish my shift, and didn't test me until an hour post, something needs to be done about that as well. ( I would think at least) For giving a probable cause test, suspecting me of being "under the influence" or "impaired" but allowing me to continue care on 5 patients, 2 of which required more interventions that day, makes no sense at all to me.
I tried to multiple quote so if its all out of wack or didn't work, Ill have to learn later!
JOBS- I've applied to multiple job postings, I have had some interviews but not one that has ended with a position being offered. The wonderful thing now is that the applications are now incorporating a "consent" to enable previous employers to disclose any information in relation to you, job performance, or anything that may be "helpful" to future employers. I haven't found a way around that yet. So after I first got terminated and had an interview I'm almost certain that contact happened but have no way of proving it. At that time even though I knew my innocence, I didn't have proof. I waited until the first weekish of August to get the hair follicle, because the growth rate is approximately 1/2 in a month, I needed to make sure my Ace in the whole accounted for the time frame that they had me tested otherwise it would have been a waste of money. I now have my proof, although it is not something I wish to advertise on an application, so when asked what my departure status was, I no longer have to "dance" around the question. I have 2 interviews next week so fingers crossed!
Who would you have reported to the BON? I haven't done any retaliative measures or made any contact with the hospital or testing lab. Since that can be construed by either facility, all of the questions I have will have to wait until the BON is finished. I've read that the board can take a while but I heard a lot quicker than I anticipated, so hopefully I have all I need to get this closed with them.
I don't know how to get the chain of custody for my urine sample, I wasn't even allowed to see the results. I have been trying to find information on reporting the testing company but am not quite sure how to approach the matter. I would also think that since the hospital allowed me to finish my shift, and didn't test me until an hour post, something needs to be done about that as well. ( I would think at least) For giving a probable cause test, suspecting me of being "under the influence" or "impaired" but allowing me to continue care on 5 patients, 2 of which required more interventions that day, makes no sense at all to me.
Anything concerning you should be in your employee file. You are entitled to your file anytime, if I am not mistakin. This is considered health information, did you sign a consent at the time of the drug test (or when 'hired'), that you agreed to drug and random testing under reasonable suspicion. If you did it would be considered legal information and should be there.
I wouldn't say it is 'retaliation'. I know when push comes to shove, I have to protect 'me'.
Specializes in Surgical, Home Infusions, HVU, PCU, Neuro.
Yes I did sign for the random drug tests at hire and signed the hospital consent in June with the test that brought about all this mess. There's nothing in my employee file besides 2 "coaching" sessions, I was never written up or suspended. I also recieved my annual review a couple weeks before this and it was good and with a merit raise. I called HR about my file and to get a copy of somethings (immunization, TB test ect) and was told on the call that the file was their property not mine and they would get back to me for the requested documents. I did not say anything at that time about the testing paperwork that led to my termination.
I only made the statement of a new potential employer speaking to them due to the termination factor. I apologize for my poor wording as well, retaliation is not what I meant by any means about the ones responsible for reporting me, protecting myself is a lot more accurate.
Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.
Likely they will only confirm dates of employment and if asked if they'd rehire answer. Most employers don't want to expose themselves to liability these days.
You kept copies of your annual evaluation and others I hope?
Specializes in Surgical, Home Infusions, HVU, PCU, Neuro.
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[TD=width: 100%]Read the following carefully before signing.
I certify that answers given herein are true and complete to the best of my knowledge.
I authorize xxxxxxxx to investigate my previous employment and give permission to previous employers to release any information about me that they deem appropriate. I also agree to hold harmless†any previous or current employer who released such information.
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This statement or similar I have found on applications for more than one facility. I also believe if agreeing to this statement and they "deem" appropriate to disclose the information pertaining to the drug screen then defamation of character can not be proven if in fact they believe they are acting in "good faith", and slander and false accusations can't be brought upon if to their knowledge the results are true. I could be completely wrong about that but that's how I read it. I think the companies started in cooperating this clause in applications to filter prospected employees. Again all of this is speculation on my part.
I have a copy of my eval this year that I received a couple weeks before this happened, and have the score's of all since hire. I also have copies of patient and employee award nominations that I have received.
[TD=class: banner, width: 100%, bgcolor: #000080]READ AND SIGN[/TD]
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[TD=width: 100%]Read the following carefully before signing.
I certify that answers given herein are true and complete to the best of my knowledge.
I authorize xxxxxxxx to investigate my previous employment and give permission to previous employers to release any information about me that they deem appropriate. I also agree to hold harmless†any previous or current employer who released such information.[/TD]
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This statement or similar I have found on applications for more than one facility. I also believe if agreeing to this statement and they "deem" appropriate to disclose the information pertaining to the drug screen then defamation of character can not be proven if in fact they believe they are acting in "good faith", and slander and false accusations can't be brought upon if to their knowledge the results are true. I could be completely wrong about that but that's how I read it. I think the companies started in cooperating this clause in applications to filter prospected employees. Again all of this is speculation on my part.
I have a copy of my eval this year that I received a couple weeks before this happened, and have the score's of all since hire. I also have copies of patient and employee award nominations that I have received.
That's actually true whether you agree to it or not. Yes, many companies do have voluntary policies to restrict what kinds of information they give out about a former employee, but legally they can say pretty much anything if it is true to their knowledge.
With that in mind, I wonder if your lawyer could send them the results of your drug screen that "disproves" the former one, with a strong note saying that "now that they know you were drug free" you are confident that they will not defame you to future employers. The letter would contain strong verbiage that implies you will take legal action if they say or imply you were impaired on the job or taking illegal drugs.
BeenThere2012, ASN, RN
863 Posts
I too want to try to find ways to protect nurses better. I'm still trying to figure out how myself...I KNOW other nurses feel the same. Have to think on this. Don't know about change.org and if this could be a good route. I'll look into this as well.