BRN investigations and future emloyment

[925_ER_RN]

Hi,

I am a 4th year nurse with a bit of a problem. I had a charting error which involved pulling and subsequently charting the administration of a narcotic on the wrong pt. Because of this I was terminated for "falsification of documents" and according to my then employer would be reported to the BRN due to concerns of narcotics abuse. I offered MULTIPLE times to submit to drug testing, even random if desired, but was never given the opportunity to prove my employer wrong or myself innocent. Since then I have since gained a per diem position (which required drug testing, which I obviously passed) and was offered another position at a facility which is in the process of opening soon. Now I have discovered one of my ex-coworkers who is also going to this new facility in a managerial position has discussed my situation with my soon-to-be new manager and it is questionable if I will be allowed to begin my employment with them at this point in time.

I have had no cooperation from my previous facility in grieving this event (HR will not return my union rep's calls to set up a grievance date), and as of yet I have not heard anything from the BRN after several attempts to obtain information regarding any complaints which may have been filed (it's been over 2 months now since my termination). I have been truthful in the application process to the new facility, however they have never questioned the circumstances of my leaving my old facility and since I am uncertain where I stand in my grievance, or with the BRN, I have not felt the need to volunteer information which I am uncertain of which could impeed my future employment opportunities.

Does anybody have any experience in this situation or have any advice?

I have kept thorough documentation of all events that have transpired and spoken with a couple of attorneys. Unfortunately since it is a union facility I have to "exhaust" all of my union resources first and since CA is an "at-will" state, I have no recourse for a wrongful termination suit.

[925_ER_RN]

Thank you very much for the info. I have to say I am not very union savy and like I posted earlier, I have not gotten very much help from my union on this matter. I am not requesting my position to be reinstated, but rather my termination be reclassified as a resignation with appropriate severence pay, and a written statement stating that any allegations/concerns of wrong-doing on my part were unfounded.

[leslie :-D]

i don't know the intricacies of unions, but perhaps a friendly letter from your lawyer, would get them responding more favorably?

your concerns are valid and serious.

and you need effective representation.

i wish you all the best.

leslie

[nancykday]

Thank you very much for the info. I have to say I am not very union savy and like I posted earlier, I have not gotten very much help from my union on this matter. I am not requesting my position to be reinstated, but rather my termination be reclassified as a resignation with appropriate severence pay, and a written statement stating that any allegations/concerns of wrong-doing on my part were unfounded.

And that can be the grievance resolution the you can seek. Management would be more receptive to that solution, but you request that you are reinstated to your previous position and be " made equal and whole in all ways" (ie. back pay seniority benefits),and settle for resignation and your personnel file expunged. That way it appears to management as if they won, and actualy it is a win - win for both parties

[caliotter3]

I have been told by nurses that have been around a lot longer than I have, that many times reporting someone to the board is threatened, but never followed-up on. A nurse who had this happen to him, after a period of time, called the board himself, and asked if there were any complaints against his license and was told "no". So, he had been worrying because someone wanted him to worry. In your case, I still would contact an attorney and discuss your options. You should seek an attorney familiar with nurse actions, preferably a nurse attorney. Nurse attorneys can be found by contacting The American Assn. of Nurse Attorneys. Good luck.

[caliotter3]

Don't feel badly about not getting very far with your union. When I had a problem at work at a union job, I got more of a response from the law enforcement officer that I filed a complaint with. And his response was "Well, you quit your job, so you don't have to come over here anymore, so everything should be o.k." I got a lot of satisfaction, didn't I?

[MIA-RN]

I have spoken with an attorney in regards to any acts of slander which is apparently very hard to prove. Thanks for the input.

Slander is tough. I had someone say something about me once, and I contacted a lawyer. What was said about me was actually true, but because it was said before it was verified, and the fact like you it was said to a potential employer, I thought it was slander. It wasn't. So if you are trying to deal with slander, and if what the coworker said was true (not that you were diverting but if she said that there was a problem with the narcs and documentation) then its technically not slander because its true.

Good luck with this. I would call a lawyer stat.

[Miss Mab]

I sent you a PM--