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Specializes in Med/surg.

Hello all. I started my 12 month probation in Alabama d/t the typical not wasting of narcotics and allegations of diversion. This happened about a year ago. My probation started June 22 so today is day 19. I'm resolved to just buckling down and doing my time, striving to be a better nurse. I received 12 months probation with monitoring.  

After I was terminated from the hospital where the diversion allegations happened,  I then got a job at another hospital.  I did not disclose the investigation at that time. When I learned that I was going on probation,  I notified my manager and it seemed like they were going to work with me. I brought her my consent order, she signed, etc. But then she informed me she had not run it by HR yet. So about a week in, she calls me on my day off and said not only did HR decide not to work with me, they are terminating me for not listing that job on my job application. 

As soon as I was terminated,  I began seeking new employment and surprisingly got a job at a LTC within 24 hrs of being terminated.  I disclosed everything and came clean on everything and I began working there on Monday of this week. It is not a dream job but they are working with me and I'm resolved to being the best nurse I can be and getting back on track. 

However, yesterday while I was on break, I received a call from BON and they informed me that my previous job reported me for "falsifying job application " and now I'm under further investigation for fraud. She said it was another violation of nurse practice act and a violation of my probation,, but then she stated that I wasn't on probation when I submitted that job application. She is going to turn it over to a board attorney and proceed from there. I'm heartbroken and can't believe that they went that far.  I am off today. I didn't sleep a wink last night. 

Has anyone else been in a situation like this and if so, what happened? Should I even write a statement? They have a copy of my job app. I know everyone will say to contact a lawyer but I have no money for that. Any advice would be much appreciated.  

WOW!.... I am so sorry they did they that. Seriously? HR should have just said you can not work here and that’s it. You didn’t violate any of their policies. During the investigation period you are not required to disclose that, b/c it’s just allegations. Did the job application ask if you were ever terminated? That could possibly be why they’re saying fraud. Hopefully this will all pass and you can continue to work and get through this year. I wish you the best 

WorriedNurseinAL

Specializes in Med/surg.

I can't afford one.  I might just call and do a free consultation.  I wonder if they will extend my probation now. And if so will it be more drug testing since this offense had nothing to do with drugs. Uggg. 😔

 

catsmeow1972, BSN, RN

Specializes in OR.

That’s wild. Unless the question on the app was ‘has your license ever been under investigation, suspended, etc. etc.’ and you answered no, they’ve not got a leg to stand on. However, answering no when there was something going on does constitute a false answer.

However taking it this far seems ridiculous. You’d think the BON attorneys have better things to do than nit pick like this. Seems like a silly waste of resources. How can you violate a term of a probation period that you aren’t on yet?

Squabbling over wether or not you listed a particular job on an application seems weird. So long as you didn’t fib about dates of employment or position, I’m not sure why not listing a job is an issue. I have a few jobs here and there that I don’t list. Usually short term ‘second PRN jobs.

I would not speak further to any investigator (those people are not on your side) or board attorney. Get a free consult if you can. 

WorriedNurseinAL

Specializes in Med/surg.

When the probation monitor called, I did remind her that was before I signed any kind of board order, and asked how is it possible to be a violation of my order that just started but she said any unfavorable report from my employer is considered noncompliance with board order. I do have a free phone consultation tomorrow morning. Not that I can afford an attorney but maybe they can at least tell me what to expect next. 😩

Here are a few ideas:

You may want to check in your area for pro bono service options like "Lawyer in the Library" where you do the research and then take that to a lawyer who can give you recommendation on how to proceed.  Check with your library to see if there is a way to research online or if they have a law library.  Your state statutes should have most of the rules and regs online.  Most of these programs are free.  

If you have a university law school near you, you may be able to talk with a professor who might have a student help with research and writing a response or proposal of action in response to your situation. 

If you have done the research and have a plan, you may be able to make a consultation appointment with an experienced attorney to review your plan, give basic direction, so you can verify your heading in a positive direction.  This cost may be a one time expenditure and give you enough confidence that you will not be doing any harm.

The last would be to hire an attorney and negotiate the rate.  This may be your best bet as an experienced attorney would spend less time and be more likely to help you the most.   

This is a cautionary tail on why carrying your own malpractice insurance can be a win for a minimal cost. You may never need to use it, but when you do, there is support in your corner. 

 

Edited by SeasonedOne
correction/rewrite

ThatLady

Specializes in general.

wishing you the best... lawyer up if you can... seems like BS

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