Ex-employer

Nurses Recovery

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I was suspected of diversion of oxycodone by my ex employer. Drug tests were negative (i don't use oxycodone). Was a matter of not charting. My employer then placed me on fmla with the stipulation that I admit myself to a inpatient drug treatment center (which they are in partnership with), self report to IPN, then when fmla time was exhausted I would be terminated. I, of course, did NOT admit myself to drug treatment and did NOT self report to IPN. It has now been 6 weeks and I received a letter from my ex employer that I was terminated on 10/14 because I didn't provide proof of inpatient treatment. The letter also stated that they will call IPN today (10/21) to verify that I self reported and if I didn't they are going to forward a complaint to the Department of Health. My question is can my ex employer (or anybody else for that matter) verify participation or not self reporting? I thought IPN was confidential?? Any thoughts would be appreciated. (Not looking for legal advice just wondering about confidentiality)

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Specializes in LTC, assisted living, med-surg, psych.

Either there's a lot left out of this account, or the employer is full of it and deserves to be investigated for potential conflict of interest.

My guess is that it's somewhere in between. If the urine drug screen was negative, that should have been the end of things. They don't have the right to demand an employee who has tested negative to go to ANY inpatient rehab facility, let alone one they're in cahoots with. And what's with them putting you on FMLA and then firing you? Something doesn't smell right here. Maybe a little more information would allow us to help you better.

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There really is nothing else to tell. They referred me to this place due to what they called suspected diversion. I removed meds from Accu dose and they weren't charted according to them. They did a rapid screen that was negative and sent off a 10 panel that they guaranteed to me would be positive and to be expecting a call from a medical review officer. 6 weeks later I'm still waiting on this guaranteed call. This suspicion came just 3 days after applying for intermittent fmla for sarcoidosis which I was taking Cellept and Motrin 800 for. Of note, my ex employer also called the treatment center, told them to be expecting me and gave them my phone number. I have voicemails from my ex employer and the treatment center. Ex employer stating I had to admit myself within 3 days and treatment center stating that they had spoke with exemployer and that I had 3 days to admit myself or they were reporting back to my ex employer that I wasn't admitting there so they could proceed with writing a complaint to the DOH. Now 6 weeks later I receive the letter mentioned above! I am totally blown away. Why wait 6 weeks to report me?

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Specializes in Cardiology, ICU.

In Michigan, it's so much better to self report than have someone else report you! Here,if you don't self report, the contract is much more grueling from what I've heard.

But my question is, if you didn't divert and truly aren't an addict, maybe you need a lawyer (maybe someone can provide more info on this) to help you sort through all of this.

Every state is a bit different from my understanding. It's better to me safe than sorry!

Good Luck!

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No matter what the circumstances, in this type of situation, it is best to seek legal advice. Nothing good can come of playing their game according to their rules. Get an attorney that is representing you to help.

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Specializes in Complex pedi to LTC/SA & now a manager.

Contact your personal professional liability/malpractice carrier. Save all voice messages, and any written communication. Do screen shots if the inpatient center is affiliated.

If for some reason you elected to work without a professional malpractice policy you can contact a nurse attorney experienced in license defense. The American Association of Nurse Attorneys has a lawyer referral service: http://www.taana.org Likely a paid consultation but well worth paying for a specialized attorney's professional assessment/advice.

Good luck.

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There is nothing to self report. Get another job. When the board contacts you they will investigate and if what you say is exact they should close your case.

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Specializes in ER, TRAUMA, MED-SURG.
There is nothing to self report. Get another job. When the board contacts you they will investigate and if what you say is exact they should close your case.

This!

The situation you're in sounds nuts!! I'm sorry you're having to deal with this - your boss sounds like a nightmare - I agree - find another job, and there's a decent chance they are just screwing with your head and will never report u - and a negative screen?? Sounds like they need to get a grip!

If u haven't and can, it's never a bad idea to talk to an attorney about it.

Good luck! Keep us posted!

Anne

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